Kerala High Court
The Managing Committee vs The Joint Registrar Of ... on 14 June, 2022
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.
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W. P. (C). No. 19176 of 2022
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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
