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K.Sreevalsan v. the Joint Registrar of Co-Operative Societies (G)

Kerala HC29 Jun 2016WP(C)/4994/2016

Case brief

AI extract

What is this about?

The High Court quashed an order rejecting a cooperative society registration application on grounds of missing challans. The Court held the order illegal due to violation of a prior judgment directing the respondents to submit documents. It directed the registrar to consider the application within two months and the assistant registrar to comply with prior directions.

What did the court decide?

Order extending P9 rejected; Petitioner to have registration application considered by respondents within two months of judgment receipt.

K.Sreevalsan Vs the Joint Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2016)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 29TH DAY OF JUNE 2016/8TH ASHADHA, 1938

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WP(C).No. 4994 of 2016 (Y)

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PETITIONER(S)/PETITIONER:

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K.SREEVALSAN

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S/O. KRISHNAN, CHIEF PROMOTER, PROPOSED KOTTAKKAKAM COOPERATIVE SOCIETY, THIRUVANANTHAPURAM, RESIDING AT T.C.NO. 43/1088, V.N.R.A.-26, P.O.MANAKKAD, THIRUVANANTHAPURAM.

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BY ADVS.SRI.B.S.SWATHY KUMAR

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SMT.T.RESHMA SMT.LINTA VARGHESE

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RESPONDENT(S)/RESPONDENTS:

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) THIRUVANANTHAPURAM, PIN-695001.

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2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES (G) THIRUVANANTHAPURAM, PIN 695001.

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BY GOVERNMENT PLEADER SRI.T.R.RAJESH.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4994 of 2016 (Y) ---------------------------

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	APPENDIX
PETITIONER(S)' --------------	EXHIBITS ---------
	EXHIBIT P1- TRUE COPY OF THE 16-6-2015.	ORDER NO. O.573/15 DATED
	EXHIBIT P2- TRUE COPY OF THE 2015.	PAY-IN-SLIP DATED 17-6-
	EXHIBIT P3- TRUE COPY OF THE SUBMITTED BY THE 1ST RESPONDENT A	LETTER DATED 17-6-2015 PETITIONER BEFORE THE ND ENGLISH TRANSLATION.
	EXHIBIT P4- TRUE COPY OF THE SUBMITTED BY THE 2ND RESPONDENT A	LETTER DATED 18-6-2015 PETITIONER BEFORE THE ND ENGLISH TRANSLATION.
	EXHIBIT P5- TRUE COPY OF THE 27-6-2015 OF THE ENGLISH TRANSLATI	ORDER NO. O.573/15 DATED 1ST RESPONDENT AND ON.
	EXHIBIT P6- TRUE COPY OF THE 8-7-2015 OF THE ENGLISH TRANSLAT	ORDER NO. O.573/15 DATED 1ST RESPONDENT AND ION.
	EXHIBIT P7- TRUE COPY OF THE THE PETITIONR TO ENGLISH TRANSLAT	LETTER DATED 2-7-2015 OF THE 1ST RESPONDENT AND ION.
	EXHIBIT P8- TRUE COPY OF THE NO.22685/2015 DA	JUDGMENT IN WPC TED 4-9-2015.
	EXHIBIT P9- TRUE COPY OF THE 1-2016 OF THE 1S TRANSLATION.	ORDER NO.573/15 DATED 18- T RESPONDENT AND ENGLISH
	EXHIBIT P10- TRUE COPY OF THE NO. 34/2002/CO-	NOTIFICATION NO. G.O.(P) OP DATED 3-5-2002.

/TRUE COPY/

P.A. TO JUDGE.

sl.

SHAJI P. CHALY, J. ----------------------------------------------- W.P.(C). No. 4994 of 2016

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Dated this the 29^th day of June, 2016

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JUDGMENT

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This writ petition is filed by the petitioner to declare that Ext.P9 is illegal and to quash the same and for other related reliefs.

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Brief facts for the disposal of the writ petition are thus; petitioner is the chief promoter of a proposed Co-operative Society to be registered as “Kottakkakam Cooperative Society, Thiruvananthapuram”. The area of operation of the proposed society is 19 wards in Thiruvananthapuram Corporation. The committee, which met on 20.6.2014 decided to submit application for registration as

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per resolution No.6 dated 20.6.2014. Accordingly, the application was submitted on 4.7.2014, which was not considered and thereupon the petitioner approached this court and secured a direction to consider the application

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W.P.(C). No. 4994 of 2016 2

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within two weeks. Then Ext.P1 was issued granting permission to collect shares and the shares collected were deposited to the District Co-operative Bank,

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Thiruvananthapuram. The originals were submitted to the 1^st respondent and the copies were submitted to the 2^nd respondent. However, Ext.P6 has been issued rejecting the application for registration on the sole ground of delay. Thereupon, petitioner has approached this court and secured Ext.P8 judgment, wherein it was directed that if the 2^nd respondent has not so far forwarded the original chalan, he shall forward them to the 1^st respondent at the earliest.

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However, it is seen that 1^st respondent has passed Ext.P9 order rejecting the registration on the ground that the promoters of the society has not produced the requisite chalan. Admittedly there was a direction contained in Ext.P8 judgment to the 2^nd respondent to forward the respective documents to the 1^st respondent. It is evident from Ext.P9 that the said direction was not complied by the 2^nd

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W.P.(C). No. 4994 of 2016

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respondent. In that view of the matter, Ext.P9 suffers from vice of arbitrariness and illegality. Therefore, the same is quashed.

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Resultantly, there will be a direction to the 1^st respondent to consider the application submitted by the petitioner after securing respective documents from the 2^nd respondent within a period of two months from the date of receipt of a copy of this judgment. There will be a direction to the 2^nd respondent to ensure that the directions contained in Ext.P8 judgment rendered by this court is complied with.

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Writ petition is disposed of accordingly.

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Sd/-

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SHAJI P. CHALY JUDGE

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smv 29.06.2016

K.Sreevalsan v. the Joint Registrar of Co-Operative Societies (G)

Case brief

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K.Sreevalsan v. the Joint Registrar of Co-Operative Societies (G)

Case brief

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