IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 34194 of 2005(U) -------------------------- PETITIONER: ------------ G. BHAGAVATH SINGH, ADVOCATE, CHIEF PROMOTER OF THE PROPOSED KERALA STATE, ADVOCATES CO-OPERATIVE SOCIETY LTD., HIGH COURT OF KERALA, KOCHI-31. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, STATE OF KERALA, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KANAYANNUR, ERNAKULAM. BY GOVT. PLEADER SRI.BENNY GERVASIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 34194/2005 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF THE APPLICATION DATED 9.4.2003 BY THE PETITIONER TO THE 2ND RESPONDENT ALONG WITH ENCLOSURES. EXT.P2 - TRUE COPY OF THE REPRESENTATION DATED 6.8.2003 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 - TRUE COPY OF THE REPRESENTATION DATED 8.7.2003 OF THE PETITIONER TO THE HON'BLE MINISTER FOR CO-OPERATION. EXT.P4 - TRUE COPY OF THE JUDGMENT DATED 14.1.2004 IN WP(C) NO.39227/2003 OF THIS HON'BLE COURT. EXT.P5 - TRUE COPY OF THE NOTICE DATED 14.2.2004 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P6 - TRUE COPY OF THE PETITION DATED 23.2.2004 TO THE 2ND RESPONDENT. EXT.P7 - TRUE COPY OF THE NOTICE DATED 3.3.2004 OF THE 2ND RESPONDENT TO THE PETITIONER. EXT.P8 - TRUE COPY OF THE LETTER DATED 17.3.2004 OF THE PETITIONER TO THE 2ND RESPONDENT. EXT.P9 - TRUE COPY OF THE ORDER NO.MT2/33739/2003 DATED 29.3.2004 OF THE 2ND RESPONDENT. EXT.P10 - TRUE COPY OF THE JUDGMENT DATED 18.11.2004 IN WP(C) NO.17257/2004 ISSUED BY THIS HON'BLE COURT. EXT.P11 - TRUE COPY OF THE APPEAL DATED 7.12.2004 FILED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P12 - TRUE COPY OF THE G.O.(Rt) NO.80/05/CO-OP DATED 9.2.2005. EXT.P13 - TRUE COPY OF THE PETITION DATED 9.3.2005 SUBMITTED BY THE PETITIONER. EXT.P14 - TRUE COPY OF THE I.A.NO.4983/2005 IN WP(C) NO.17257/2004 ISSUED BY THIS HON'BLE COURT. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 34194 OF 2005-U ----------------------------------------- JUDGMENT The petitioner is a promoter of a Co-operative Society of Advocates. He submitted Ext.P1 application dated 9.4.2003, praying for permissive sanction to collect shares of the society from the promoters and other advocates. The 4th respondent Assistant Registrar recommended the said application for permissive sanction by communicated dated 16.7.2003. The 3rd respondent Joint Registrar also recommended the application as per the communication dated 23.7.2003, it is submitted. The application along with the necessary documents was received in the office of the 2nd respondent Registrar on 25.7.2003. When there was inordinate delay from his part to take a decision on that application, the petitioner approached this Court by filing W.P.(C) No.39227/2003, which was disposed of by Ext.P4 judgment dated 14.1.2004. This Court directed the Registrar to consider Ext.P1 application in accordance with law within a time frame. This Court also directed that if there is any objection in granting the application, the petitioner may be put on notice regarding the objections. The Registrar informed the petitioner by Ext.P7 communication dated 3.3.2004, his WPC 34194/2005 2 objections in granting the application. The petitioner submitted Ext.P8 reply. Thereafter, the Registrar passed Ext.P9 final order dated 29.3.2004, rejecting Ext.P1. The petitioner filed Ext.P11 appeal before the Government against Ext.P9, invoking the appellate remedy available to him under Section 83(1)(a) of the Kerala Co-operative Societies Act. The said appeal was heard and dismissed by Ext.P12 order. Hence this writ petition challenging Exts.P9 and P12 orders. 2. The petitioner pointed out that at the stage of permissive sanction, elaborate consideration of the matter, as was done under Exts.P9 and P12, is unnecessary and unwarranted. After the collection of the share capital when a formal application is submitted, the Registrar must consider the relevant matters as provided in Section 7 of the Co-operative Societies Act and Rule 15 of the Co-operative Societies Rules. Other contentions are also raised. The respondents did not file any counter affidavit. 3. I heard the learned Government Pleader appearing for the respondents also. I feel that the contention of the petitioner has to be accepted. At the stage of sanction to collect the share capital, the matters which find a place in Exts.P9 and P12 are not relevant. They may be relevant when the formal application for registration of the society is submitted. By granting permissive sanction to collect the share capital, WPC 34194/2005 3 nobody is prejudiced. Whatever amount is collected, is to be deposited in the District Co-operative Bank concerned. The petitioner undertakes that the entire share capital collected will be deposited in an account in the District Co-operative Bank, Ernakulam, which he will open. In view of the above facts and the submission of the learned counsel for the petitioner, the impugned orders are quashed. The 2nd respondent is directed to grant permissive sanction to the petitioner to collect the share capital, as proposed by him in Ext.P1. It is made clear that the contentions of the Registrar and the Government may be relevant at the time of granting registration to the society. So, the contentions of both sides in this regard are kept open. The Writ Petition is allowed as above. 29th February, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/