IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 23790 of 2010(W) -------------------------- PETITIONER(S): ---------------------- AREACODE CO-OPERATIVE EDUCATIONAL SOCIETY LTD., NO.M.517, AREACODE, REPRESENTED BY ITS PRESIDENT, K.V.JAYAPRAKASH. BY ADV. SRI.BABU S. NAIR SMT.M.T.SHEEBA SRI.K.RAKESH SMT.VRINDA PAUL RESPONDENT(S): ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM, PIN 676 505. 2. EDUCATIONAL AND RESEARCH CO-OPERATIVE SOCIETY AREACODE LTD., NO.M.825, REPRESENTED BY ITS CHIEF PROMOTER, NEAR VILLAGE OFFICE, CAMP ROAD, AREACODE, PIN 673639. ADV. SRI.P.VENUGOPAL (1086/92) FOR R2 GOVERNMENT PLEADER MR.P.M.MANOJ FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb WP(C).No. 23790 of 2010 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE FIRST RESPONDENT DATED 10.6.1996 IN RESPECT OF THE REGISTRATION OF THE PETITIONER SOCIETY EXT.P2:- COPY OF THE BYE-LAWS OF THE PETITIONER SOCIETY EXT.P3:- COPY OF THE NOTICE CIRCULATED BY THE SECOND RESPONDENT RESPONDENTS' EXHIBITS:- EXT.R2(a):- COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE FIRST RESPONDENT TO THE SECOND REPSONDENT EXT.R2(b):- COPY OF THE NOTIFCATION VIDE G.O(P)NO.34/94/CO-OP. DATED 2ND MARCH 1994 ISSUED BY THE GOVERNMENT OF KERALA //TRUE COPY// P.A TO JUDGE dmb P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 23790 OF 2010 --------------------------------------------- Dated this the 14th day of June, 2011 J U D G M E N T The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act, 1969, (herein after referred to as ‘the Act’ for short). The area of operation of the petitioner society that was registered on 10.6.1996 consists of the whole of Areacode, Kuzhimanna, Edavanna, Urganttiri, Kizhuparamba, Cheekode, Kavanoor Grama Panchayats. This writ petition is filed challenging the registration of the second respondent society on the ground that such registration offends section 7(1) (c) of the Act. It is contended that the area of operation of the third respondent society overlaps the area of operation of the petitioner society which was registered earlier and therefore the registration is liable to be invalidated. 2. The first respondent has filed a counter affidavit wherein it is contended that the second respondent society was registered pursuant to an order of exemption passed by the Government under section 101 of the Act, whereby all proposed educational co-operative societies were exempted from section 7 W.P.(C)No. 23790 OF 2010 2 (1) (c) of the Act. It is stated that the petitioner society itself was registered in view of the exemption available at that point of time and as a beneficiary of the order of exemption, the petitioner cannot challenge the registration of the second respondent society. The second respondent has filed a counter affidavit and produced along with as Ext.R2(a), the Government order exempting all proposed educational co-operative societies from the provisions of section 7 (1) (c) of the Act. Relying on the order of exemption passed by the Government it is contended that the registration of the second respondent society is in order. 3. I heard Sri.Babu.S.Nair, learned counsel appearing for the petitioner, Sri.P.M.Manoj, learned Government Pleader appearing for the first respondent and Sri.P.Venugopal, learned counsel appearing for the second respondent. I have also gone through the pleadings and the materials on record. Shorn of details, the main ground of challenge to the registration of the second respondent society is that the area of operation of the second respondent society overlaps the area of the operation of the petitioner society which was registered earlier in point of time. It is now evident from the materials on record that before W.P.(C)No. 23790 OF 2010 3 the second respondent society was registered, the Government had issued an order of exemption, exempting all proposed educational co-operative societies from provisions of section 7 (1) (c) of the Act. The petitioner has not chosen to challenge the order of exemption. The Government have in Ext.R2 (b), the order granting exemption stated that the Registrar of Co- operative Societies is of the opinion that the services that can be rendered by a single educational co-operative society in an area are very much limited and the potentialities for the functioning of more than one educational co-operative society in an area with more employment opportunities and representation for the educated unemployed are large and therefore the Government are of the view that if more educational societies are registered and they start functioning, the educated unemployed people will be more benefited. The Government have in the order of exemption set out the reasons why in public interest it is necessary to exempt educational co-operative societies from the provisions of section 7 (1) (c). In such circumstances, in the absence of any challenge to the validity of the order of exemption which was passed way back on 02.03.1994, long W.P.(C)No. 23790 OF 2010 4 before the petitioner society itself was registered, I find no merit in the challenge to the registration of the second respondent society. As stated by the first respondent in the counter affidavit, the petitioner society itself was registered in the year 1996 pursuant to the very same order of exemption. Therefore, the petitioner cannot challenge the order of exemption as it is a beneficiary of the order of exemption. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, JUDGE dmb