IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
Tuesday, the 14th day of June 2022 / 24th Jyaishta, 1944
WP(C) NO. 19176 OF 2022 (V)
PETITIONERS:
1. THE MANAGING COMMITTEE, KEECHERI SERVICE CO-OPERATIVE BANK LTD. NO.
668, KULAYETTIKARA P.O., ERNAKULAM DISTRICT-682317, REPRESENTED BY
PRESIDENT.
2. THE KEECHERI SERVICE CO-OPERATIVE BANK LTD. NO.668, KULAYETTIKARA
P.O., ERNAKULAM DISTRICT-682317, REPRESENTED BY ITS SECRETARY.
RESPONDENTS:
1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM,
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT-682030.
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
ERNAKULAM, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), ERNAKULAM, CIVIL STATION, KAKKANAD, ERNAKULAM
DISTRICT-682030.
3. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM-695001.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct 1st respondent to ratify Ext P5 decision taken by the
petitioner society to upgrade the computer software and the purchase of
the computer server using Rs 1018000/- from the general fund of the
petitioner society, pending disposal of the above Writ Petition (Civil).
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.KAVERY S THAMPI, Advocate for the petitioners and of GOVERNMENT
PLEADER for Respondents (By Order), the court passed the following:
Exhibit P5 TRUE COPY OF THE DECISION NO.28/04/22-23 OF THE
MANAGING COMMITTEE OF PETITIONER SOCIETY DATED
12/04/2022.
T.R. RAVI, J.
--------------------------------------------
W. P. (C). No. 19176 of 2022
--------------------------------------------
Dated this the 14th day of June, 2022
ORDER
Admit. Government Pleader takes notice for the respondents.
2. The petitioners have expended some amounts for upgradation of a computer software and purchase of computer server from out of the general fund of the petitioner society. The petitioners have also approached the 1st respondent for ratification of the decision which had been taken by the society in this regard. An objection is raised stating that under Rule 54 of the Kerala Co-operative Societies Rules 1969, sanction had not been obtained. The case of the petitioners is that Rule 54 will not apply in such cases where the question is only of expenditure for the purpose of running the society. Reliance is placed on the judgment of this Court in WPC No.21798/2008, which is a case where the society had purchased immovable property for housing their office.
3. The Government Pleader points out that the decision referred to has been referred by another Single Judge to the Division Bench. Government Pleader seeks time to get instructions regarding the expenses incurred.
Post on 29.06.2022.
Sd/-
T.R. RAVI JUDGE Pn 14-06-2022 /True Copy/ Assistant Registrar