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2016 Supreme(Ker) 397

DAMA SESHADRI NAIDU
Kalpetta Co-Operative Urban Society Ltd. – Appellant
Versus
Joint Registrar Co-Operative Societies (General) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. P.C. Sasidharan, Sri. P.N. Mohanan
For the Respondents: D. Somasundaram, P.N. Santhosh

JUDGMENT :

Introduction:

A rash of writ petitions has been filed: some by existing societies and some by yet-to-be-born societies. Some of the existing societies seek expansion; the other complain of competition as a result of that proposed expansion. Yet-to-be-born societies assert that their right to be established is a fundamental right under Article 19(1)(c) of the Constitution. They complain about what is termed unconstitutional restriction in Section 7(1)(c) of the Kerala Co-operative Societies Act coming in their way of getting registered as new societies.

2. Though the petitioners are different, the respondents are, more or less, the same. Further, through all the issues disparate as they seem runs a common theme: the vires of Section 7(1)(c) of the Act. Hence, I propose to consider and dispose of all the writ petitions through a common judgment. The facts and legal submissions from each writ petition are referred to the extent relevant.

W.P. (C) No. 12728/2013:

3. The petitioner, an Urban Co-operative Society, was established on 01.01.1988 with eight revenue villages in W































































































































































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