Mathews P Jose vs The Registrar Of Co-Operative ...
2021 Latest Caselaw 21109 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE AMIT RAWAL
     WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                        WP(C) NO. 22368 OF 2021
PETITIONER/S:
           MATHEWS P JOSE,
           AGED 44 YEARS
           S/O. DR. V.K. JOSE, PUNCHAKOTTIL HOUSE, THALAYOLAPARAMBU
           P.O., KOTTAYAM DISTRICT-686605, FACTORY MANAGER (ON LWA
           FROM 01/07/2014 ONWARDS), KADUTHURUTY CO-OPERATIVE RUBBER
           MARKETING AND PROCESSING SOCIETY LIMITED NO. 1397,
           KADUTHURUTHY, KOTTAYAM-686604.

           BY ADVS.
           P.M.JOSEPH
           R.S.HARI KUMAR


RESPONDENT/S:

     1     THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
           OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
           JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
           THIRUVANANTHAPURAM-695014.

     2     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
           CIVIL STATION, KOTTAYAM-686001.

     3     THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING AND
           PROCESSING SOCIETY LIMITED NO.1397, KADUTHURUTHY,
           KOTTAYAM-686604, REPRESENTED BY THE CONVENOR,
           ADMINISTRATIVE COMMITTEE.


OTHER PRESENT:
           GP SRI JIMMY GEORGE


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22368 OF 2021
                                      2



                             JUDGMENT

Concededly, Ext.P6 is an appealable order under Section 83 of

the Kerala Co-operative Societies Act. Appeal could have been filed

upto 13.10.2021. However, the same has been challenged by filing

writ petition on 9.9.2021.

In this view of the matter, I am of the view that in case the

petitioner avails the remedy of appeal within a period of one week

from the date of receipt of a certified copy of this judgment, the

period spent for this writ petition shall be condoned.

Sd/-

sab AMIT RAWAL

JUDGE WP(C) NO. 22368 OF 2021

APPENDIX OF WP(C) 22368/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF SECTION 66(2) REPORT DATED 24/11/2017 OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), VAIKOM.

Exhibit P2 TRUE COPY OF SECTION 68(1) ENQUIRY REPORT OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), VAIKOM.

Exhibit P3 TRUE COPY OF THE NOTICE DATED 04/11/2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P4 TRUE COPY OF THE TABULATED REPORT ACCOMPANYING EXT.P2 REPORT.

Exhibit P5 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 17/11/2020 ALONG WITH ITS POSTAL ACKNOWLEDGMENT CARD.

Exhibit P6 TRUE COPY OF THE ORDER DATED 17/05/2021 PASSED BY THE 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE ENVELOP CONTAINED EXT.P6 ORDER.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WPC NO.

27982/2020 DATED 05/01/2021 OF THIS HON'BLE COURT.