Kerala High Court
Anith Kumar S.V vs Union Of India on 29 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
WEDNESDAY, THE 29TH DAY OF MARCH 2023 / 8TH CHAITHRA, 1945
WP(C) NO. 10946 OF 2023
PETITIONERS:
1 ANITH KUMAR S.V.
AGED 62 YEARS
CHIEF PROMOTER, TRAVANCORE CO-OPERATIVE SOCIETY LTD.,
BABA TECH BUILDING, NEAR KALANGARA TEMPLE, THIRUMUKKU,
CHATHANNOOR P.O., KOLLAM, PIN - 691572
2 SUNIL KUMAR C.
AGED 58 YEARS, S/O. CHELLAPPA KURUP, CHIEF EXECUTIVE,
TRAVANCORE CO-OPERATIVE SOCIETY LTD., BABA TECH
BUILDING, NEAR KALANGARA TEMPLE, THIRUMUKKU,
CHATHANNOOR P.O., KOLLAM, PIN - 691572
BY ADVS.
P.MOHANDAS (ERNAKULAM)
SABU PULLAN
GOKUL D. SUDHAKARAN
R.BHASKARA KRISHNAN
K.P.SATHEESAN (SR.)
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY, MINISTRY OF CO-OPERATION,
ATAL AKSHAYA URJA BHAVAN, CGO COMPLEX, NEW DELHI, PIN -
110003
2 THE CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES
ATAL AKSHAYA URJA BHAVAN, CGO COMPLEX, NEW DELHI, PIN -
110003
OTHER PRESENT:
SRI.S. MANU (DSGI)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.10946/2023 -2-
JUDGMENT
The petitioners have approached this court essentially seeking a direction to
the 2nd respondent to consider the application filed for registration of a Multi State
Co-operative Society under the Multi State Co-operative Societies Act, 2002. The
petitioners would submit that initially the application filed by the petitioners was
returned pointing out certain defects. It is submitted that thereafter the petitioners
have cured all the defects and they have resubmitted the application and the same is
pending consideration before the 2nd respondent. Reference is made in this regard
to Ext.P7.
2. The learned Deputy Solicitor General appears for the respondents and
seeks time to get instructions. However, considering the nature of the order that I
propose to pass, I am of the opinion that the matter need not be adjourned to
enable the Deputy Solicitor General to obtain instructions.
3. This writ petition will stand disposed of directing the 2 nd respondent to
consider the application filed by the petitioners for registration of a Multi State Co-
operative Society under the provisions of the Multi State Co-operative Societies
Act, 2002 also taking into consideration of the submissions made in Ext.P7. If any
further documents have to be produced for consideration of their application, the
2nd respondent shall intimate the petitioner about the same. The 2 nd respondent
shall while taking a decision on the application, also provide an opportunity of
hearing to the petitioners or their authorised representative. I make it clear that I
have not expressed any opinion on the merits of the matter. It is open to the 2 nd
respondent to decide the matter in accordance with law. The 2 nd respondent shall
endeavour to pass orders on the application filed by the petitioners for registration,
as aforesaid 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) 10946/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT
AS F NO. L-11015/15/2022(E)-REG. DATED 17-11-2022
Exhibit-P2 TRUE COPY OF THE CLARIFICATION GIVEN TO THE 2ND
RESPONDENT BY THE PETITIONERS DATED 26-11-2022
Exhibit-P3 TRUE COPY OF THE ORDER F NO. L-11015/15/2022(E)-REG.
DATED 16-02-2023 ISSUED BY THE 2ND RESPONDENT
Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 8-1-2016 IN W.P.
(C)NO. 31890/2015
Exhibit-P5 TRUE COPY OF THE LETTER NO. G(1)7197/2021/. DATED
26-11-2021 ISSUED BY THE ADDITIONAL REGISTRAR
(GENERAL), OFFICE OF THE REGISTRAR OF CO-OPERATIVE
SOCIETIES IN KERALA
Exhibit-P6 TRUE COPY OF THE LETTER NO. RC 58812/2021 BI.3 DATED
1-11-2021 GIVEN BY THE REGISTRAR OF CO-OPERATIVE
DEPARTMENT, CHENNAI, TAMIL NADU
Exhibit-P7 TRUE COPY OF THE LETTER GIVEN BY THE 1ST PETITIONER
TO THE 2ND RESPONDENT DATED 7-3-2023
