B.Prathapsing vs The Registrar Of Co-Operative ...
2023 Latest Caselaw 6925 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
                        WP(C) NO. 20333 OF 2023
PETITIONER/S:

            B.PRATHAPSING
            AGED 58 YEARS
            AGED 58 YEARS, S/O T.K.BHARATHAN, BINDU BHAVANAM,
            NAVAJYOTHY NAGAR, KADAPPAKKADA, KOLLAM DISTRICT, PIN -
            691008

            BY ADVS.
            T.P.PRADEEP
            P.K.SATHEES KUMAR
            R.K.PRASANTH
            MINIKUMARY M.V.
            JIJO JOSEPH



RESPONDENT/S:

    1       THE REGISTRAR OF CO-OPERATIVE SOCIETY
            OFFICE OF THE REGISTRAR, JAWAHAR SAHAKARANA
            BHAVAN,JAGATHY, THIRUVANANTHAPURAM - 695014., PIN -
            695014

    2       JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETY
            JAWAHAR SAHAKARANA BHAVAN,JAGATHY, THIRUVANANTHAPURAM,
            PIN - 695014

    3       THE CENTRAL GOVERNMENT EMPLOYEES & WORKERS CO-OPERATIVE
            CREDIT SOCIETY LTD NO. T.1413
            USRA-17,UDARASIROMANY ROAD,VAZHUTHACAD,
            THIRUVANANTHAPURAM-695010 REPRESENTED BY IT'S
            SECRETARY, PIN - 695010

    4       RAJU.K.V
            SAIKRIPA,TC.33/3088,PUNNAMKONAM,
            NETTYAM,THIRUVANANTHAPURAM, PIN - 695013


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.20333/2023                     -2-

                                  JUDGMENT

The petitioner seeks for a consideration of Ext.P3 complaint made by the

petitioner regarding the ineligibility of the 4 th respondent to continue as a member

of the 3rd respondent society.

2. The learned counsel for the petitioner would submit that the petitioner

would be satisfied, if a direction is given to the 2 nd respondent to consider Ext.P3 in

accordance with law within a time frame to be fixed by this court.

3. The learned Senior Government Pleader would refer to Rule 16 (4) of

the Kerala Co-operative Societies Rules and points out that the question of

disqualification is to be decided by the Joint Registrar after issuing notice to the

person who is allegedly disqualified and also to the society.

4. Having heard the learned counsel for the petitioner and the learned

Senior Government Pleader, this writ petition will stand disposed of directing the

2nd respondent to consider and pass orders on Ext.P3 strictly following the mandate

of Rule 16 (4) of the Kerala Co-operative Societies Rules, 1969 within a period of

two months from the date of receipt of a certified copy of this judgment.

Sd/-

GOPINATH P.

JUDGE

AMG

APPENDIX OF WP(C) 20333/2023

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE OFFICE ORDER DATED 27.12.2022 ISSUED BY THE OFFICE OF THE GEOLOGICAL SURVEY OF INDIA

Exhibit-P2 TRUE COPY OF THE COMPLAINT DATED 09.01.2023 PREFERRED BY ONE SASIDHARAN NAIR

Exhibit-P3 TRUE COPY OF THE COMPLAINT DATED 12.06.2023 PREFERRED BY THE PETITIONER