IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 30870 of 2008(Y) -------------------------- PETITIONER(S): --------------- 1. REJO JOS.K, KANNANIKKAL HOUSE, P.O. VELAPPAYA, THRISSUR - 680 596. 2. MARTIN.V.P, VEETHACHA VEEDU, P.O. PONNOOKKARA, THRISSUR. 3. P.A. VIJAYAKUMARAN, PUTHAN MADHOM, P.O. MADAKKATHARA, THRISSUR - 680651. 4. MINI.M, MARATH HOUSE, P.O. ARIMBOOR, THRISSUR - 680620. 5. THANKAMANI.P, KASHYAPAM, P.O. PUZHAKKAL, THRISSUR. 6. V.R. MANOJ, VELAKKAPPADY HOUSE, P.O. AVINISSEREY, THRISSUR - 680 313. 7. MAHESH.T.V, HOUSE NO. 25/89, PUTHEN NADAKKAVU, THRISSUR - 680001. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE TRICHUR TALUK CO-OPERATIVE COLLEGE EDUCATIONAL SOCIETY LTD NO. R 278, REPRESNTED BY ITS SECRETARY, KALLINGAL LANE, TRICHUR. 4. THE ADMINISTRATIVE COMMITTEE OF THE TRICHUR TALUK CO-OPERATIVE COLLEGE EDUCATIONAL SOCIETY NO. R 278, REPRESENTED BY ITS CONVENER, KALLINGAL LANE, THRISSUR. R1,R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R3, R4 BY ADV.SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30870 OF 2008 ------------------------------------------- Dated this the 21st day of October, 2008 JUDGMENT The petitioners state that they applied on 1.8.2007 to the third respondent society for being admitted as members therein. They plead that the applications submitted by them were pending before the elected committee of that society, however that, no action was taken until that committee was substituted by an administrative committee in view of the fall in quorum. They, accordingly, state that they have placed Ext.P2 series appeals before the competent statutory authority, the first respondent, as appeals against refusal to grant membership. It is also stated that the byelaws of the third respondent provides a period of six weeks for consideration of an application for membership. The Rules prescribe a period of two months. If no action is taken within two months, the petitioners should have a right to apply to the Joint Registrar, the officer exercising the powers of the Registrar in terms of Section 16 (2A) of the Kerala Co-operative Societies Act, 1969. The right of such relief springs on the WPC.30870/08 Page numbers expiry of the statutory period of two months. Therefore, the petitioners' applications, if the facts stated above stands, were eligible for consideration by the Joint Registrar. Therefore, even if the society has now an administrative committee, the 4th respondent, it is directed that the Joint Registrar will consider Ext.P2 series in the light of what is stated above and after collecting such material as may be required from the 4th respondent or from the petitioners as the case may be. However, a decision shall be taken within a period of three weeks of the receipt of a copy of this judgment. The petitioners are directed to make appeals before the first respondent and produce copy of this judgment and copy of the writ petition and mark their attendance so that the first respondent can list the matter for consideration, without delay. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.