PRAVASI MALAYALEE DEVELOPMENT SOCIETY LTD. NO.1588 v. STATE OF KERALA
Case at a glance
- Decided
- 13 Nov 2006
- Bench
- M JAMES
Provisions considered
- Kerala Co-operative Societies Act, 1969 s. 12(4A)
Key paragraphs
- Para 33. As per the above provisions in the Act, the appropriate remedy for the petitioner is to approach the Registrar or the Government, as the case may be, as per Section 12(4B)(a) or (b)of the Act. A writ petition will not be maintainable in such…
Judgment
J.M. JAMES, J.-------------------------------W.P.(C) No. 29777 of 2006 -------------------------------Dated this the 13th November, 2006.J U D G M E N TThe petitioner, Pravasi Malayalee Development SocietyLtd No.1588, Kazhakuttom P.O., Thiruvananthapuram, has filed this writ petition praying to direct the 3rd respondent, the Registrar of Co-operative Societies, Thiruvananthapuram, to register the bye-lawamendment, as was recommended by the second respondent, the Joint Registrar of Co-operative Societies, Thiruvananthapuram, and also to direct the 3rd respondent to follow its own circular, as contained in Ext.P5.
I heard the arguments advanced by both sides. Thelearned Senior Government Pleader submitted that in case, a request for registration of the amendment of the bye-laws of the Society is made to the Registrar, under Section 12(4A) of the Kerala Co-operative Societies Act, 1969, in short 'the Act', the said application has to be disposed of within 90 days from the date of receipt of the same. However, sub-section (4B) of Section 12 of the Act further describe as to what is the procedure, when the application for the W.P.(C)No.29777/20062registration of the amendment of the bye-laws is not disposed of within 90 days. Under clause (b) of Sub-section (4B) of Section 12 of the Act, if the application for amendment is not disposed of within 90days, a representation shall be made before the Government, provided, such an application to accept the amendment of the bye-laws for registration is made before the Registrar. The Government, shall, within 60 days from the date of receipt of such representation, issue direction to the authority concerned, to dispose of the application.
As per the above provisions in the Act, the appropriate remedy for the petitioner is to approach the Registrar or the Government, as the case may be, as per Section 12(4B)(a) or (b)of the Act. A writ petition will not be maintainable in such circumstances. Accordingly, this writ petition is closed. J.M. JAMES,JUDGEnj.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Kerala Co-operative Societies Act, 1969 — s. 12(4A).
Which court decided this case, and when?
Kerala High Court, on 13 Nov 2006. The bench was M JAMES.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.