THE MANAGING COMMITTEE OF KOTTUKKAL SERVICE CO-OPERATIVE SOCIETY LTD. NO. Q 1604 vs THE STATE OF KERALA

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Ker) 58534

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. GOPINATH P., J
THE MANAGING COMMITTEE OF KOTTUKKAL SERVICE CO-OPERATIVE SOCIETY LTD. NO. Q 1604 – Appellant
Versus
THE STATE OF KERALA – Respondent

Advocates:
For the Appellants/Petitioners: SHRI.PRAVEEN K. JOY
For the Respondents: SRI.P.K.VIJAYAMOHANAN, SRI.AKHIL SUSEENDRAN

Table of Content
1. contesting the legality of the government exemption order. (Para 1 , 2)
2. arguments on the validity of the exemption based on public interest. (Para 3)
3. upholding the government’s decision as justified. (Para 4)

JUDGMENT

The Managing Committee of the Kottukkal Service Co-operative Society Ltd. No.Q-1604 has filed this writ petition challenging Ext.P14 order of the Government of Kerala granting exemption from the provisions of Section 7(1(c) of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the 1969 Act') exercising power under Section 101 of the 1969 Act and thus permitting the 5^th respondent to operate within the area of operation of the Kottukkal Service Co-operative Society Ltd.

2. Sri. Praveen K. Joy, the learned counsel for the petitioner, submits that Ext.P14 order is not sustainable in law. It is submitted that without considering the purpose behind the provisions of Section 7(1)(c) of the 1969 Act and without any just cause or reason, the Government has granted exemption by exercising the power under Section 101 of the 1969 Act, thereby permitting the 5^th respondent to operate within the area of operation of Kottukkal Service Co-