SUKUMARAN
PAMPADY RURAL CO-OP. HOUSING SOCIETY – Appellant
Versus
JOINT REGISTRAR – Respondent
1. This writ petition is at the instance of a Co-operative Housing Society. It apprehends that another Housing Society covering a portion of its area is likely to be registered in the immediate future. The overlapping of the area of an existing society, is sought to be prevented under S.7(1) of the Kerala Co-operative Societies Act, 1969. That, however, has a safety valve. S.101 of the Co-operative Societies Act confers powers on the Government to grant exemption from the provisions of the Act, subject to the satisfaction of the conditions contained therein. Such an order of exemption had been issued on 9-11-1979 and bad been published in the Gazette on 27-11-1979. The pattern of functioning of the Housing Societies, and the views expressed by the Life Insurance Corporation of India which is the main source for funds to the Kerala Apex Housing Co-operative Society which in turn finances the Primary Housing Co-operative Societies, bad been adverted to and considered by the Government in issuing the above order. The preamble to the order indicates the factors which weighed with the Government in passing that order.
2. In view of Ext. P1 order, the petitioner cannot object
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