Kerala High Court
Mohana Kumar.K vs Joint Registrar Of Co-Operative ... on 28 October, 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 28TH DAY OF OCTOBER 2025 / 6TH KARTHIKA, 1947
WP(C) NO. 33274 OF 2025
PETITIONERS:
1 MOHANA KUMAR.K
AGED 71 YEARS
(M.NO.2372), S/O KRISHNAN NAIR, PRESIDENT,
RAJIV GANDHI RESIDENTS WELFARE CO-OPERATIVE
SOCIETY LTD.NO.(T) 1541, MUNDELA P.O, VELLANAD,
THIRUVANANTHAPURAM RESIDING AT VARUVILAKATHU
VEEDU, KOKKOTHAMANGALAM, ARUVIKKARA, P.O.MUNDELA,
THIRUVANANTHAPURAM, PIN - 695 543.
2 SASANKAN NAIR.C
AGED 64 YEARS
(M.NO.40) S/O CHANDRASEKHARAN NAIR,
MANAGING COMMITTEE MEMBER,
RAJIV GANDHI RESIDENTS WELFARE CO-OPERATIVE
SOCIETY LTD.NO.(T) 1541, MUNDELA P.O, VELLANAD,
THIRUVANANTHAPURAM RESIDING AT SREECHITHIRA,
AMBALAM JUNCTION,VELIYANNOOR P.O, VELLANAD,
THIRUVANANTHAPURAM, PIN - 695 543.
3 NIZAR.S
AGED 49 YEARS
S/O E.SHAHUL HAMEED, (M.NO.308)
MANAGING COMMITTEE MEMBER,
RAJIV GANDHI RESIDENTS WELFARE CO-OPERATIVE
SOCIETY LTD.NO.(T) 1541, MUNDELA P.O, VELLANAD,
THIRUVANANTHAPURAM RESIDING AT SHA MANZIL,
NETTIRACHIRA, NEDUMANGAD, THIRUVANANTHAPURAM,
PIN - 695 541.
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4 SHAIJU.J
AGED 48 YEARS
S/O JAYASING.D, (M.NO.4372),
MANAGING COMMITTEE MEMBER,
RAJIV GANDHI RESIDENTS WELFARE CO-OPERATIVE
SOCIETY LTD.NO.(T) 1541, MUNDELA P.O, VELLANAD,
THIRUVANANTHAPURAM, RESIDING AT
THADATHARIKATHU VEEDU, KANNYARUPARA,
PUTHUKULANGARA P.O, NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695 541.
BY ADVS.
SRI.P.N.MOHANAN
SRI.C.P.SABARI
SMT.AMRUTHA SURESH
SRI.GILROY ROZARIO
RESPONDENT:
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, JAGATHI,
THAIKKAD P.O, THIRUVANANTHAPURAM, PIN - 695 014.
BY ADV RESMI THOMAS, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.10.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition has been filed by certain members of
the Rajiv Gandhi Residents Welfare Co-operative Society.
2. According to the petitioners, in the election
conducted to the Managing Committee of the Society, only
ten members were elected as against 13 members to be
elected on account of the absence of valid nominations. It
is submitted that the present Managing Committee
assumed office on 02-03-2025 and that on 01-09-2025, four
of the Managing Committee members out of the ten
elected also tendered their resignation. It is submitted
that as a result of resignation, there is no sufficient quorum
for the Managing Committee in terms of Section 28(5) of
the Kerala Co-operative Societies Act, 1969, resulting in a
stalemate in the administration of the Society. The
petitioners are therefore before this Court seeking the
following reliefs:
i. "issue a writ of mandamus or any other
appropriate writ order or direction directing the
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respondent to appoint any three of the
petitioners as administrative committee
members of the society in terms of S.33 of the
KCS Act to avoid administrative stalemate.
ii. declare that petitioners are entitled to get
appointed as administrative committee members
of the society in the light of Ext.P2 to P5
Judgments, under S.33 of the KCS Act.
iii. for a direction to dispense with filing of the
translation of vernacular documents.
iv.Grant such other relief as this Hon'ble Court
may deem fit and proper in the circumstances of
the case."
3. On 15-09-2025, this Court passed the following
interim order.
"The learned counsel for the petitioners seeks
a direction to the respondent to consider and take
a decision on Ext.P1 application.
2. The learned Senior Government Pleader
seeks time to file a counter affidavit. The learned
Senior Government Pleader raised an objection
that the resigned members of the Managing
Committee have not been made parties in the writ
petition. It is further submitted that the
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2nd petitioner is the accused in Crime No.2264 of
2024 registered by the Crime Branch.
3. The respondent is directed to consider
Ext.P1 and take a decision in accordance with law.
The petitioners are at liberty to produce relevant
materials before the respondent while considering
Ext.P1.
Post on 06.10.2025."
4. The learned Government Pleader submits on
instructions that, taking into consideration the stalemate in
the Society, an administrator has been appointed, and if
the petitioners are in any manner aggrieved by the
appointment of the administrator, they have to challenge
those proceedings in accordance with the law.
5. Having heard the learned counsel appearing for
the petitioners and the learned Government Pleader, I am
of the opinion that since after the filing of the writ petition
and after the interim order dated 15-09-2025, an
administrator has been appointed to manage the affairs of
the Society on account of the stalemate mentioned above,
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nothing further survives for consideration in this writ
petition, as the only relief sought for in this writ petition is
a direction to the respondent to constitute an
Administrative Committee of the petitioners to manage the
affairs of the Society.
Accordingly, this writ petition is closed, reserving the
liberty of the petitioners to challenge the appointment of
the administrator in place of an Administrative Committee
if they desire to do so.
Sd/-
GOPINATH P.
JUDGE
ats
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APPENDIX OF WP(C) 33274/2025
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PETITION DATED 01.09.2025
SUBMITTED BY THE FIRST PETITIONER BEFORE
JOINT REGISTRAR.
Exhibit P2 TRUE COPY OF THE JUDGMENT OF INDIAN COFFEE
BOARD WORKERS CO-OPERATIVE SOCIETY VS.
ANTONY REPORTED 2017 (4) KLT 405.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 06.07.2017
IN W.A.NO.1410/2017.
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 15.03.2022
IN W.P.(C).NO.24563/2021.
Exhibit P5 TRUE COPY OF THE INTERIM ORDER DATED
13.01.2022 IN W.P.(C). NO.27527/2021.
