Kerala High Court
State Of Kerala vs Sulthan Bathery Co-Operative Urban ... on 5 June, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WA NO. 1680 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 09.08.2016 IN WPC NO.12728
OF 2013 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
KALPETTA CO-OPERATIVE URBAN SOCIETY LTD
NO.W228, KALPETTA, WAYANAD, REP. BY ITS
SECRETARY.
BY ADV SRI.P.C.SASIDHARAN
RESPONDENTS/RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-
OPERATIVE SOCIETIES, WAYANAD-673121.
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES, SULTHANBATHERY, VYTHIRI,
WAYANAD, PIN-673121
3 SULTHANBATHERY CO-OPERATIVE URBAN BANK LIMITED
SULTHANBATHERY, WAYANAD-673 121,REP. BY ITS
SECRETARY
OTHER PRESENT:
SR GP SRI T K VIPINDAS; SRI.P.N.MOHANAN FOR R3
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.06.2024, ALONG WITH W.A.Nos.1683, 1684, 2005 & 2222 of
2016, 930 of 2017 and 326 of 2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A.Nos.1680/2016
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WA NO. 326 OF 2022
AGAINST THE ORDER/JUDGMENT DATED 7.12.2021 IN WP(C) NO.2745
OF 2021 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
THE CHERUVATHUR FARMERS SERVICES CO-OPERATIVE
BANK LIMITED
CHERUVATHUR (PO) KASARAGOD DISTRICT, PIN-671 313.
REPRESENTED BY ITS MANAGING DIRECTOR MR VINAYA
KUMAR.
BY ADVS.
JAWAHAR JOSE
CISSY MATHEWS
JAISON ANTONY
RESPONDENTS/RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
COOPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE REGISTRAR OF COOPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, D.P.I. JUNCTION,
THYCAUD (PO), THIRUVANANTHAPURAM, PIN-695 014.
3 THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES,
CIVIL STATION, VIDYANAGAR (PO) KASARAGOD, PIN-671
121
4 THE THIMIRI SERVICE COOPERATIVE BANK
REPRESENTED BY ITS SECRETARY, THIMIRI (PO)
CHERUVATHOOR (VIA), KASARAGOD DISTRICT , PIN 670
581.
BY SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
05.06.2024, ALONG WITH WA.1680/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.1680/2016
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WA NO. 930 OF 2017
AGAINST THE ORDER/JUDGMENT DATED 09.08.2016 IN WPC NO.37829
OF 2015 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
MANANTHAVADY CO-OPERATIVE URBAN SOCIETY,
REPRESENTED BY ITS SECRETARY, LATIN CHURCH
BUILDING, MANANTHAVADY, WAYANAD DISTRICT.
BY ADVS.
SRI.P.K.RAMKUMAR
SMT.ANITHA MENON
RESPONDENTS/RESPONDENTS:
1 REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM - 695 001.
2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), WAYANAD DISTRICT, P.O.KALPETTA,
WAYANAD-673121.
3 SULTHAN BATHERY CO-OPERATIVE URBAN BANK LIMITED
NO.D2034, SULTHAN BATHERY, REPRESENTED BY ITS
SECRETARY, P.O. SULTHAN BATHERY, WAYANAD DISTRICT
- 673 592.
BY ADVS.
SMT.NAMITHA JYOTHISH
SRI.T.A.SHAJI SR.,
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
05.06.2024, ALONG WITH WA.1680/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.1680/2016
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WA NO. 1683 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 9.8.2016 IN WPC NO.925 OF
2016 OF HIGH COURT OF KERALA
APPELLANT/4TH RESPONDENT:
KALPETTA CO-OPERATIVE URBAN SOCIETY LTD.NO.W228
KALPETTA, WAYANAD, REPRESENTED BY ITS SECRETARY.
BY ADV SRI.P.C.SASIDHARAN
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 & 5:
1 SULTHAN'S BATTERY CO-OPERATIVE URBAN BANK LTD.
NO.D2034, SULTHAN BATHERY, WAYANAD DISTRICT
673592, REPRESENTED BY ITS GENERAL MANAGER.
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, CO-OPERATION (C) DEPARTMENT,
THIRUVANANTHAPURAM, PIN:695001.
3 THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, WAYANAD, P.O. KALPETTA, PIN:673121.
4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM, PIN:695001.
5 MANANTHAVADI CO-OPERATIVE URBAN SOCIETY LTD.
NO. W-221, LATIN CHURCH BUILDINGS, WAYANAD
DISTRICT, REPRESENTED BY ITS SECRETARY,
PIN:670645.
BY ADV SRI.T.A.SHAJI SR.,
SMT.NAMITHA JYOTHISH FOR R1;
SR GP SRI T K VIPINDAS; SRI.P.K.RAMKUMAR FOR R5
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.06.2024, ALONG WITH WA.1680/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.1680/2016
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WA NO. 1684 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 09.08.2016 IN WPC NO.925 OF
2016 OF HIGH COURT OF KERALA
APPELLANT/5TH RESPONDENT:
MANANTHAVADY CO-OPERATIVE URBAN SOCIETY
REPRESENTED BY ITS SECRETARY VINOJ K.J.,
AGED 35 YEARS, KUNNATH HOUSE, EDAVAKA VILLAGE,
MANANTHAVADY TALUK, WAYANAD DISTRICT.
BY ADVS.
SRI.P.K.RAMKUMAR
SMT.ANITHA MENON
RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 4:
1 THE SULTHAN BATHERY CO-OPERATIVE URBAN BANK LTD.
NO:D2034, SULTHAN BATHERI, REPRESENTED BY ITS
SECRETARY P.O., SULTHAN BATHERI,
WAYANAD DISTRICT-673592.
2 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT.,
CO-OPERATION (C) DEPARTMENT,
THIRUVANANTHAPURAMPIN:695001.
3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), WAYANAD DISTRICT, P.O. KALPETTA,
WAYANAD DISTRICT, PIN:673121.
4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPRUAM, PIN:695001.
W.A.Nos.1680/2016
6
5 KALPETTA CO-OPERTIVE URBAN SOCIETY LTD.NO.W-228
LATIN CHURCH BUILDING CALICUT ROAD, WAYANAD
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN-
670645.
BY ADVS.
SMT.NAMITHA JYOTHISH
SRI.T.A.SHAJI SR. FOR R1;
SRI.P.C.SASIDHARAN FOR R5;
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.06.2024, ALONG WITH WA.1680/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.1680/2016
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WA NO. 2005 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 9.8.2016 IN WPC NO.925 OF
2016 OF HIGH COURT OF KERALA
APPELLANTS/RESPONDENTS 1 TO 3:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, CO-OPERATION(C)DEPARTMENT,
THIRUVANANTHAPURAM-695001.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
WAYANAD.P.O, KALPETTA,PIN-673121.
3 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM-695001.
BY ADV SRI T K VIPINDAS, SR.GOVERNMENT PLEADER
RESPONDENTS/PETITIONER & RESPONDENTS 4 & 5:
1 SULTHAN BATHERY CO-OPERATIVE URBAN BANK
LTD.D.2034, SULTHAN BATHERY, WAYANAD DISTRICT-
673592, REPRESENTED BY ITS GENERAL MANAGER.
2 KALPETTA CO-OPERATIVE URBAN SOCIETY LTD.NO.W-228
LATIN CHURCH BUILDING, CALICUT ROAD,
P.O.MANANTHAVADI, WAYANAD DISTRICT, REPRESENTED
BY ITS SECRETARY, PIN-670645.
3 MANANTHAVADI CO-OPERATIVE URBAN SOCIETY LTD.NO.W
W-221, LATIN CHURCH BUILDING, WAYANAD DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN-670645.
W.A.Nos.1680/2016
8
BY ADVS.
SMT.NAMITHA JYOTHISH FOR R1
SRI.P.K.RAMKUMAR FOR R3
SRI.P.C.SASIDHARAN FOR R2
SRI.T.A.SHAJI SR.
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.06.2024, ALONG WITH WA.1680/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.1680/2016
9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
WA NO. 2222 OF 2016
AGAINST THE ORDER/JUDGMENT DATED 9.8.2016 IN WPC NO.15889 OF
2013 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
MANATHAVADY CO-OPERATIVE URBAN SOCIETY
REPRESENTED BY ITS SECRETARY, LATIN CHURCH
BUILDING, CALICUT ROAD MANANTHAVADY P.O. WAYANAD.
BY ADVS.
SRI.P.K.RAMKUMAR
SMT.ANITHA MENON
RESPONDENTS/RESPONDENTS 1 TO 3:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM - 695001
2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL); WAYANAD DISTRICT, P.O. KALPETTA,
WAYANAD DISTRICT - 673121.
3 THE SULTHAN BATHERI CO-OPERATIVE URBAN BANK
LIMITED NO. D2034, SULTHAN BATHERI, REPRESENTED
BY ITS SECRETARY, P.O. SULTHAN BATHERI, WAYANAD,
DISTRICT - 673592.
4 WAYANAD DIST. CO- OPERATIVE BANK LTD., P.B.NO.7,
KALPETTA NORTH. P.O, WAYANAD - 673122,
REPRESENTED BY ITS GENERAL MANAGER.
BY ADV SRI.MILLU DANDAPANI FOR R4;
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
05.06.2024, ALONG WITH WA.1680/2016 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.Nos.1680/2016
10
AMIT RAWAL & EASWARAN S., JJ.
------------------------------------
W.A.Nos.1680, 1683, 1684, 2005 & 2222 of 2016,
930 of 2017 and 326 of 2022
-------------------------------------
Dated this the 5th day of June, 2024
JUDGMENT
Easwaran S.,J.
This orders of ours shall dispose of these seven writ
appeals.
2. The facts leading to W.A.No.1680/2016, which arises
from WP(C) No.12728/2013, are dealt with. The writ
appellant was the petitioner in the writ petition. The writ
petition was filed for a writ of certiorari calling for the
records leading to Ext.P9 and for restraining the 1 st
respondent from registering the amended bye-law of the 3 rd
respondent Society, since according to the appellant, the
said amendment would be in violation of Section 7(1)(c) of
the Kerala Co-operative Societies Act, 1969. The writ
petition was considered, along with a batch of writ petitions
challenging the constitutional validity of Section 7(1)(c) of
the Kerala Co-operative Societies Act, 1969, since it is a
fundamental right under Article 19(1)(c) of the Constitution
of India to carry out the business. The learned Single Judge
by the judgment impugned in these writ appeals had
declared Section 7(1)(c) of the Kerala Co-operative Societies
Act, 1969 as ultra vires and unconstitutional, since it falls
foul of Article 19(1)(c) of the Constitution of India. In
arriving at the said finding, the learned Single Judge had
relied on the provisions contained in the 97 th amendment of
the Constitution of India. While holding Section 7(1)(c) of
the Kerala Co-operative Societies Act, 1969 as ultra vires to
the 97th Constitutional amendment, the learned Single Judge
had not touched the other core issues raised in the writ
petitions. Further, a direction was issued to the authorities
to consider the applications for registration without
reference to the constitutional invalidated Section 7(1)(c) of
the Kerala Co-operative Societies Act, 1969. It is in this
context, the various Co-operative Societies, who have
questioned the registration of new societies, have come up
in these writ appeals.
3. W.A.No.2005/2016 is also preferred by the State
Government aggrieved by the judgment of the learned
Single Judge in having declared the provisions of Section
7(1)(c) of the Kerala Co-operative Societies Act, 1969 as
ultra vires and unconstitutional.
4. When the matter was taken up for consideration
today, Sri.Vipindas, the learned Senior Government Pleader
appearing for the appellants in W.A.No.2005/2016 pointed
out the judgment of the Hon'ble Supreme Court in Union of
India v. Rajendra N. Shah [AIR 2021 SC 4905], wherein
the Hon'ble Supreme Court has upheld the judgment of the
Gujarat High Court to the extent of striking down Part-IXB of
the Constitution of India.
5. We have perused the judgment of the Supreme
Court and are of the considered view that the learned Single
Judge had completely erred in declaring Section 7(1)(c) of
the Kerala Co-operative Societies Act, 1969 as ultra vires to
the 97th amendment to the Constitution of India. Even at
the time of consideration of the writ petitions, it was the
specific case of the appellant in W.A.No.1680/2016 that the
judgment of the Gujarat High Court was holding the field
insofar as the 97th amendment to the Constitution of India is
concerned.
6. In normal circumstances, all the writ petitions
should have to be dismissed, insofar the challenge to
Section 7(1)(c) of the Kerala Co-operative Societies Act,
1969 is concerned, but Sri. Vipindas, learned Senior
Government Pleader, would submit before us that the other
issues raised in the writ petition have not been considered
by the learned Single Judge in view of the striking down of
Section 7(1)(c) of the Kerala Co-operative Societies Act,
1969.
7. In view of the above, we hereby allow all these Writ
Appeals following the judgment of the Supreme Court in
Rajendra N. Shah (supra) and set aside the judgment of
the learned Single Judge, which are under challenge in these
writ appeals, holding Section 7(1)(c) of the Kerala Co-
operative Societies Act, 1969 as ultra vires. The challenge
to the constitutional validity of Section 7(1)(c) of the Kerala
Co-operative Societies Act, 1969 is hereby thus rejected.
8. Resultantly, all the writ petitions, the judgment of
which are under challenge in these writ appeals, are
restored back to the file and Registry is directed to list these
writ petitions before the learned Single Judge as per roster
for consideration of other issues raised therein, except the
challenge to Section 7(1)(c) of the Kerala Co-operative
Societies Act, 1969.
These Writ Appeals are allowed. No order as to costs.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
jg
