IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 24TH JANUARY 2008 / 4TH MAGHA 1929 WA.No. 46 of 2008 ------------------- AGAINST THE JUDGEMENT IN WPC.16957/2007 Dated 18/12/2007 .................... APPELLANTS/RESPONDENTS 1 TO 4: ------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. THE ADDITIONAL REGISTRAR (CONSUMER), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY SPL. GOVERNMENT PLEADER SMT. A.G. ANEETHA. RESPONDENTS/PETITIONERS & ADDL. 5TH RESPONDENT: ------------------------------------------------------------------------------------ 1. R.VIJAYACHANDRAN, PRESIDENT, KOLLAM MOTOR TRANSPORT AND AUTOMOBILES ENGINEERING WORKERS CO-OPERATIVE SOCIETY LTD., NO.Q 1199, KOLLAM. 2. KOLLAM MOTOR TRANSPORT AND AUTOMOBILES ENGINEERING WORKERS CO-OPERATIVE SOCIETY LTD., NO. Q 1199, KOLLAM, REP. BY ITS SECRETARY. 3. V.SASIDHARAN NAIR, INSPECTOR (A &E II), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KOLLAM. BY ADV. SRI.V.PHILIP MATHEW. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 24/01/2008, ALONG WITH W.A.155 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L. DATTU, CJ. & K.M. JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - WRIT APPEAL Nos. 46 & 155 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of January, 2008. JUDGMENT H.L.DATTU, CJ, These writ appeals are filed against the orders passed by the learned Single Judge in W.P.(C) Nos.16957 of 2007 and 17586 of 2007 dated 18.12.2007. 2. The challenge in the writ petitions was against the proceedings initiated by the Joint Registrar of Co-operative Societies for non-constitution of a new Committee after the expiry of the term of office of the earlier Committee and the order of supersession of the Committee and also the attempt on the part of the respondents to appoint an Administrator to manage the affairs of the second respondent Society. 3. The learned Single Judge taking into consideration the materials available on record has come to the conclusion that the impugned orders in the writ petitions require to be set aside and the Committee, which has entered into the office will continue for its term as per the provisions of the Act and the Rules. Feeling aggrieved by the aforesaid finding of the learned Single Judge, the State is before us in these Writ Appeals. 4. The writ appeals are posted for admission before the court. The learned Government Pleader on instructions would submit that the State Government has appointed an Administrator to manage the affairs of the petitioner Society. It is also stated that the Administrator will now hold the elections to manage the affairs of the Society within a month's time from today without enrolling any new members to the Society. W.As.46 & 155/2008. 2 5. The assertion made by the learned counsel for the State Government is not disputed by the learned counsel appearing for the contesting respondents. 6. Since during the pendency of the appeals, the State has appointed an Administrator to manage the affairs of the Society after the expiry of the term of the office of the elected representatives, at this stage, it would not be necessary to go into the correctness or otherwise of the orders passed by the learned Single Judge. Accordingly, we pass the following: Order i) The writ appeals are disposed of without going into the details of the case pleaded by both the parties. ii) The Administrator, who is now appointed to manage the affairs of the Society shall conduct the elections for electing the Committee to manage the affairs of the Society within a month's time from today. iii) The Administrator shall not enroll any new members to the Society. With these observations and directions, these writ appeals are disposed of. Ordered accordingly. H.L. DATTU, CHIEF JUSTICE K.M. JOSEPH, JUDGE sb.