Kerala High Court
The Kozhikode District Agriculturist & ... vs The Assistant Registrar Of ... on 8 November, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:83641
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 1873 OF 2023
PETITIONER:
THE KOZHIKODE DISTRICT AGRICULTURIST &
NON AGRICULTURIST WORKERS WELFARE CO-OPERATIVE
SOCIETY LTD.NO. D 3274, PUTHOORMADAM,
KOZHIKODE -673019, REPRESENTED BY ITS SECRETARY,
RESIDING AT NERAVATH PULPARAMBIL,
PANTHEERANKAVU.P.O., PANTHEERANKAVU VIIIAGE,
KOZHIKODE, PIN - 673019.
BY ADV P.P.JACOB
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(G) KOZHIKODE, OFFICE OF THE ASSISTANT
REGISTRAR OF CO-OPERATIVE SOCIETIES(G),
KOZHIKODE, PIN - 673004.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
KOZHIKODE, OFFICE OF THE JOINT REGISTRAR OF
CO-OPERATIVE SOCIETIES, PUTHIYARA,
KOZHIKODE, PIN - 673004.
BY ADV.SMT. RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.1873 of 2023
2024:KER:83641
:2:
JUDGMENT
Dated this the 8th day of November, 2024
The petitioner is registered as a Welfare Co-operative
Society. In terms of the object of the bye-law, the Committee of
the Society has decided to start a Consumer Store, considering
the request of its members. The general body considered the
matter and decided to proceed with the Consumer Store. In
terms of the resolution, Ext.P3 representation has been filed
before the 2nd respondent, seeking permission for start
Consumer Store and also for spending the amount for the
purpose.
2. The office of the respondents was favouring
the starting of the Consumer Store. Certain disputes arose
among the Committee members based on political reasons.
2024:KER:83641
Due to the influence of extraneous considerations, respondents
1 and 2 adopted a hostile attitude and issued proceedings to
prohibit the functioning of the Consumer Store. When the bye-
law permits to start Consumer Store, the attempt of the
petitioner-Society is lawful and the 2nd respondent ought to have
taken decision on Ext.P3 representation. The inaction in failing
to consider and make a decision on Ext.P3 representation is
illegal and arbitrary, contends the Counsel for the petitioner.
3. Government Pleader entered appearance on
behalf of the respondents and resisted the writ petition. The
Government Pleader denied all the allegations made by the
petitioner in the writ petition. On behalf of the respondents, it is
pointed out that subsequently, a new Managing Committee has
taken over administration of the petitioner-Society and another
representation has been submitted in this regard.
4. Be that as it may, the decision of the petitioner
to start a new Consumer Store appears to be in tune with the
2024:KER:83641
aims and objectives of the Society. Therefore, when such a
representation is made, it would be only just and proper that the
2nd respondent considers the same in accordance with law.
The writ petition is therefore disposed of directing the
2nd respondent to consider Ext.P3 representation submitted by
the petitioner and any other subsequent representation in this
regard, and take a final decision in the matter within a period of
two months.
Sd/-
N.NAGARESH
JUDGE
ams
2024:KER:83641
APPENDIX OF WP(C) 1873/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE REGISTRATION
CERTIFICATION ISSUED BY THE JOINT
REGISTRAR ALONG WITH CATEGORICAL
STATEMENT DATED 7.3.2019
Exhibit P2 TRUE PHOTOCOPY OF THE RELEVANT PORTION
OF THE BYELAW PAGES 1 TO 5 OF THE
PETITIONER SOCIETY
Exhibit P3 TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 16.9.2022 SUBMITTED BY THE
PETITIONER BEFORE THE SECOND RESPONDENT
Exhibit P4 TRUE PHOTOCOPY OF THE RESOLUTION NO. 3
DATED 14.2.2022 ADOPTED BY THE
COMMITTEE
Exhibit P5 TRUE PHOTOCOPY OF THE LETTER ISSUED BY
THE PRESIDING OFFICER DATED 1.10.2022
Exhibit P6 TRUE PHOTOCOPY OF THE LETTER DATED
25.11.2022 ISSUED BY THE FIRST
RESPONDENT TO THE PETITIONER
Exhibit P7 TRUE PHOTOCOPY OF THE REPLY SUBMITTED
BY THE PETITIONER DATED 26.11.2022
Exhibit P8 TRUE PHOTOCOPY OF THE NOTICE DATED
3.1.2023 ALONG WITH THE REPORT OF THE
FIRST RESPONDENT DATED 25.11.2022
Exhibit P9 TRUE PHOTOCOPY OF THE NOTICE DATED NIL
PUBLISHED BY THE PETITIONER
