Kerala High Court
The Peringamala Handloom Weavers ... vs The General Manager on 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 30969 OF 2013
PETITIONER/S:
THE PERINGAMALA HANDLOOM WEAVERS CO-OP.SOCIETY
LTD.NO.H 27
REPRESENTED BY ITS SECRETARY, KALLIYOOR P.O,
NEMOM THIRUVANANTHAPURAM.
BY ADV SRI.P.N.MOHANAN
RESPONDENT/S:
THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM,
PIN.695001.
OTHER PRESENT:
SRI.RENJITH.T.R, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-2-
W.P.(C). No. 30969 of 2013
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No.30969 of 2013
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Dated this the 18th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i) Call for the records leading to issue Ext.P5 and
quash the same by issuing a writ of certiorari or any
appropriate writ order or direction.
ii) Declare that Ext.P5 order is non-est in the eye of law
as Sub Section 5 of Section 12 was omitted by Act
No.8/2013.
iii) Grant such other relief as this Hon'ble Court may
deem fit and proper in the circumstances of the case."
(sic)
2. The petitioner Society by Ext.P2 in its general body
meeting held on 27.10.2011 decided to amend the bye law
increasing share value from Rs.500 to Rs.5000. It is the case of
the petitioner that the same was approved by the Registrar by
Ext.P3 and the same is in force. On the basis of the same, an
election was conducted on 23.11.2012 as seen from Ext.P4.
W.P.(C). No. 30969 of 2013
While so, the respondent by a communication dated 1.11.2013
directed compulsorily to amend the bye law reducing the share
value to Rs.500 again by exercising power under Section 12(5) of
the Kerala Cooperative Societies Act. According to the
petitioner, the power contained in Section 12(5) was omitted by
Act 8 of 2013 with effect from 14.02.2013. Therefore, the
impugned order is liable to be set aside.
3. Heard the counsel for the petitioner and the
Government Pleader.
4. This writ petition is pending before this Court from
2013 onwards. Ext.P5 is stayed by this Court as per order dated
16.12.2013 and the interim order is in force even now. The
Government Pleader based on the instructions from the
respondent, submitted that the Kerala Cooperative Societies Act
does not provide power to the Registrar to cancel the bye law
amendment once approved and so exercising the power under
W.P.(C). No. 30969 of 2013
section 12(5) of the KCS Act, directions were given to the
Society to retrieve the bye law to the former stage by further
amendments. It is also conceded by the Government Pleader that
Section 12(5) and 12(6) are repealed by the Government
subsequently.
In such circumstances, according to me Ext.P5 need not be
retained. Therefore, this writ petition is allowed. Ext.P5 is set
aside. sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 30969 of 2013
APPENDIX OF WP(C) 30969/2013
PETITIONER EXHIBITS
EXT.P1 - A TRUE COPY OF THE REGISTRATION CERTIFICATE
DATED 1-7-1955 OF THE SOCIETY.
EXT.P2 - A TRUE COPY OF THE NOTICE DATED 26-9-2011
OF THE GENERAL BODY MEETING ALONG WITH AMENDMENT.
EXT.P3 - A TRUE COPY OF THE CERTIFICATE DATED 15-2-
2012 ISSUED BY THE DEPUTY REGISTRAR(REGISTRAR OF
INDUSTRIAL CO OPERATIVE SOCIETIES)
EXT.P4 - A TRUE COPY OF THE ELECTION NOTIFICATION
DATED 12-10-2012 OF THE SOCIETY
EXT.P5 - A TRUE COPY OF THE LETTER DATED 1-11-2013
OF THE RESPONDENT.
