Allowed

D.Lal v. Joint Registrar of Co-Operative Societie

Kerala HC30 Jan 2008WP(C)/14838/2007

Case brief

AI extract

What is this about?

The Court quashed an order denying sanctions to a co-operative society for amending its bye-laws. It held that approved amendments preclude refusal based on existing activities by other societies. The Registrar must de novo consider sanction based on financial viability.

What did the court decide?

Impugned order quashed; Registrar directed to consider sanction for activity subject to financial status after hearing parties within two months.

D.Lal Vs Joint Registrar of Co-Operative Societie — Company and Corporate | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN

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WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929

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WP(C).No. 14838 of 2007(N)

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---------------------------------------

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PETITIONER:

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-------------------

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D. LAL, FORMER PRESIDENT OF THE MANAGING COMMITTEE OF VEERANAKAVU, RESIDENTS WELFARE CO-OPERATIVE SOCIETY LTD.NO.T.1580, VEERANAKAVU P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.D.SOMASUNDARAM.

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RESPONDENT:

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----------------------

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JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM.

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R1 BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.14838/2007-N:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P.1: COPY OF THE JUDGMENT DT. 18/01/2007 IN W.P.(C). NO. 2150/2007.

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EXT.P.2: COPY OF THE RELEVANT PORTION OF THE BYELAW OF VEERANAKAVU RESIDENT WELFARE CO-OPERATIVE SOCIETY LTD. NO. T 1580.

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EXT.P.3: COPY OF THE ORDER NO. P (2)/7263/06 DT. 12/12/2005 ISSUED BY THE RESPONDENT SANCTIONING POSTS.

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EXT.P.4: COPY OF THE ORDER NO. P (2)/8312/05 DT. 22/12/2005 ISSUED BY THE RESPONDENT SANCTIONING COLLECTION AGENT ON COMMISSION BASIS.

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EXT.P.5: COPY OF THE PROCEEDINGS NO. P (2)/8315/05 DT. 22/12/2005 ISSUED BY THE RESPONDENT TO THE SECRETARY APPROVING SUB REGULATIONS.

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EXT.P.6: COPY OF THE BALANCE SHEET OF THE SOCIETY DT. 31/12/2006.

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EXT.P.7: COPY OF THE AMENDED BYE LAW DT. 24/03/2006.

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EXT.P.8: COPY OF THE CERTIFICATE OF REGISTRATION OF AMENDMENT NO. 54/2006 OF THE SOCIETY DT. 24/03/2006.

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EXT.P.9: RELEVANT PORTION OF BYE LAW REGARDING BUSINESS OF THE SOCIETY.

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EXT.P.10: COPY OF THE ORDER NO. P (2)/1396/2007 DT. 23/04/2007 ISSUED BY THE RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL.

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//TRUE COPY//

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prv.

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THOTTATHIL B.RADHAKRISHNAN, J.

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W.P(C).No.14838 OF 2007

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Dated this the 30^th day of January, 2008

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JUDGMENT

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Having approved Ext.P7 amendment to the bye-laws of the society, it will not continue to be available for the Registrar to take the stand that the activity referable to such amendment cannot be carried out on account of similar activity being carried out by a different society within the same area of operation. Therefore, the Registrar was duty bound to approve the Sub Rules for the purpose of carrying out the business activities on the basis of Ext.P7 amendment, subject of course to the Registrar being satisfied of the viability of any particular scheme before it is made operational. Hence, the impugned order is quashed and the Registrar or the Joint Registrar as the case may be, shall take up the case de novo and approve the Sub Rules if they are in terms of Ext.P7 amendment and shall consider granting sanction to carry on the activity, subject to the financial status of the society. A decision in that regard shall be taken

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WPC.14838/07

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Page numbers

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after hearing the petitioner and giving the society an opportunity to place materials to support its financial status, within a period of two months from the date of receipt of a copy of this judgment.

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Sd/-

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THOTTATHIL B.RADHAKRISHNAN, Judge

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kkb.

D.Lal v. Joint Registrar of Co-Operative Societie

Case brief

What is this about?

What did the court decide?

D.Lal v. Joint Registrar of Co-Operative Societie

Case brief

What is this about?

What did the court decide?

What the court decided

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