IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 27TH MAY 2008 / 6TH JYAISHTA 1930 WP(C).No. 15588 of 2008(E) -------------------------- PETITIONER: ------------ OMANA, W/O. DAVIS, AGED 31, EACHARATH HOUSE, KODAKARA VILLAGE, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- 1. THE KODAKARA FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.R-761, HEAD OFFICE, KODAKARA, THRISSUR DISTRICT. 2. THE MANAGING COMMITTEE, REP. BY THE MANAGING DIRECTOR, THE KODAKARA FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.R-761, HEAD OFFICE, KODAKARA, THRISSUR DISTRICT. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, IRINJALAKUDA. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MUKUNDAPURAM TALUK. 5. THE STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. R2, 3 & 4 BY SENIOR GOVT. PLEADER, SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.15588 of 2008-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 27th day of May, 2008. JUDGMENT 1.Heard the learned counsel for the petitioner and the learned Senior Government Pleader for respondents 3 to 5. 2.The impugned order is issued on behalf of the Government taking the view that a statutory appeal under Section 83 of the Kerala Co- operative Societies Act, 1969 does not lie to it against the order impugned in the appeal in question because, that order was issued by the Assistant Registrar. The power invoked originally was under Rule 176 of the Kerala Co-operative Societies Rules, 1969 and that petition was filed before the Registrar. One fails to understand as to how within the scheme of the KCS Act and Rules WP(C)15588/2008 -: 2 :- that application could have been sent over to an Assistant Registrar because, he could not be a delegate of the Registrar or the Joint Registrar to exercise powers under Rule 176 of the Rules. Rule 176 is a statutory power. It is a quasi adjudicating power also. That cannot be delegated except by express sanction by primary or secondary legislation. There does not appear to be any such provision in the KCS Act and Rules. Whatever that be, even assuming that the Assistant Registrar has exercised the powers of the Joint Registrar referable to Rule 176 of the Rules, further appeal will lie only to Government under Section 83 of the Act. In that view of the matter, the impugned order is unsustainable. The same is accordingly quashed and the Government are directed to take up the appeal in question and re-consider the same and pass final orders within an outer limit of four months from the date of receipt of a copy of this judgment. If the Assistant Registrar is shown to have exercised the power under Rule 176, it will be WP(C)15588/2008 -: 3 :- open to the Government to consider whether exercise of such power is within proper statutory delegation and if not, the competent authorities may have to be notified by the Government to take appropriate decision in law. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/030608