IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 WP(C).No. 229 of 2010(C) ----------------------------------- PETITIONER: ------------------- THE MANAGING COMMITTEE OF THE OLAVANNA VANITHA CO-OPERATIVE SOCIETY LTD. NO.D 2770, PALAZHI- PALA, KOZHIKODE, REPRESENTED BY ITS PRESIDENT. BY ADVS. MR.P.P.JACOB, MR.T.P.GOPAKUMAR. RESPONDENTS: ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. R1 & R2 BY SR.GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N. RAVINDRAN, J - - - - - - - - - - - - - - - - - - W.P.(C) No.229 of 2010 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2010 J U D G M E N T This writ petition is filed seeking a direction to the first respondent to pass orders on the proposal submitted by the Managing Committee of the petitioner's society, to amend its bye-laws. The grievance voiced by the petitioner is that though the proposed amendment was approved by the general body and the papers were forwarded to the Joint Registrar along with Ext.P5 letter dated 29/08/2008, till date, orders have not been passed in the matter. 2. Sri. K.C. Santhosh Kumar, the learned Senior Government Pleader appearing for the respondents submits on instructions that the first respondent has by order passed on 31/12/2008 declined to register the amendment and that a copy of the order has also been communicated to W.P.(C) No.229 of 2010 -2- the petitioner. Sri.P.P. Jacob, the learned counsel appearing for the petitioner submits that though the order is dated 31/12/2008, a copy thereof was received from the second respondent by the Secretary of the petitioner society only on 7/1/2010. He also submits that in view of the subsequent events, the writ petition may be closed as infructuous leaving open the petitioner's right to challenge the order passed by the first respondent in appeal before the Government under Section 83(1)(j) of the Kerala Co- operative Societies Act, 1969. 3. In the light of the fact that the first respondent has declined to register the amendment by order passed on 31/12/2008, no relief can be granted in this writ petition. It is accordingly closed as infructuous, reserving liberty with the petitioner to challenge the said order in other appropriate proceedings. If copy of the order passed on 31/12/2008 was communicated to the petitioner society only W.P.(C) No.229 of 2010 -3- on 7/1/2010, as submitted by the learned counsel appearing for the petitioner, it will be open to the petitioner to bring the said fact to the notice of the appellate authority. P.N. RAVINDRAN (JUDGE) nl