Koliyacode Consumer ... vs State Of Kerala
2021 Latest Caselaw 1803 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942

                      WP(C).No.27986 OF 2020(W)


PETITIONER:

               KOLIYACODE CONSUMER CO-OPERATIVE SOCIETY LTD.
               KOLIYACODE P.O., VENJARAMOODU,
               THIRUVANANTHAPURAM 695 607
               REPRESENTED BY ITS SECRETARY

               BY ADVS.
               SRI.K.J.SAJI ISAAC
               DR.ELIZABETH VARKEY

RESPONDENTS:

      1        STATE OF KERALA
               REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-
               OPERATIONS, SECRETARIAT, THIRUVANANTHAPURAM 695 001

      2        JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
               JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD
               P.O., THIRUVANANTHAPURAM 695 014

      3        REGISTRAR OF CO-OPERATIVE SOCIETIES
               OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
               JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD
               P.O., THIRUVANANTHAPURAM 695 014


OTHER PRESENT:

               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27986 OF 2020(W)
                                  2




                              JUDGMENT

Dated this the 18th day of January 2021

The petitioner is a Society registered under the

provisions of the Kerala Co-operative Societies Act, 1969,

with registration No. T 1002 as a Consumer Co-operative

Society. Under the Act, the first respondent is to classify

the Societies according to their type and financial

position. According to the Society, their annual turn

over of 2019-20 is Rs. 13 crores and net profit is Rs.25

lakhs. They contend that they are liable to be classified

accordingly, under Section 80 of the Act. The petitioner

is not able to function with the limited staff strength of 17

at present and they seek for classification accordingly.

Ext.P1, Ext.P3 and Ext.P4 applications have been

submitted before the second respondent and no orders

are passed, it is contended.

2. Having heard the learned Counsel for the

petitioner and the learned Senior Government Pleader, I WP(C).No.27986 OF 2020(W)

feel that the limited request made by the petitioner is

justifiable.

3. It is submitted by the learned Senior

Government Pleader that in this particular case, the

Society which functions within one district, appropriate

orders have to be passed by the second respondent, Joint

Registrar. This is recorded.

4. Accordingly, I am inclined to dispose of the writ

petition, directing the second respondent to take up

Ext.P1, Ext.P3 and Ext.P4 applications and pass

appropriate orders as expeditiously as possible, at any

rate, within a period of six weeks from the date of receipt

of a copy of the judgment. The petitioner shall furnish a

copy of the judgment and shall be given an opportunity

of being heard, if Society so desire.

Accordingly, the writ petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE

SKP/18-1 WP(C).No.27986 OF 2020(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF LETTER NO.KLKD/EST/2020-21 DATED 17.6.2020 SENT BY THE PETITIONER TO THE GOVERNMENT SECRETARY, CO-OPERATION DEPARTMENT.

EXHIBIT P2 TRUE COPY OF LETTER NO.C.S.4271/2020/I.DIS.

DATED 29.6.2020 SENT BY THE JOINT REGISTRAR (GENERAL), CO-OPERATION DEPARTMENT TO THE PETITIONER

EXHIBIT P3 TRUE COPY OF LETTER NO.KLKD/EST/2020-21 DATED 5.7.2020 SENT BY THE PETITIONER TO THE JOINT REGISTRAR (GENERAL) CO-OPERATION DEPARTMENT

EXHIBIT P4 TRUE COPY OF LETTER NO.KLKD/EST/2020-21 DATED 5.7.2020 SENT BY THE PETITIONER TO THE ASSISTANT REGISTRAR NEDUMANGAD

EXHIBIT P5 TRUE COPY OF LETTER NO.CO.OP-C1/219/2020 CO.OP.DATED 20.11.2020 SENT BY THE 1ST RESPONDENT TO THE PETITIONER

RESPONDENTS'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE