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2017 Supreme(Online)(KER) 52662
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE CHIEF JUSTICE MR.NAVANITI PRASAD SINGH & THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 30TH DAY OF MAY 2017/9TH JYAISHTA, 1939 WA.No. 811 of 2017 IN WP(C).34075/2016
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AGAINST THE JUDGMENT IN WP(C) 34075/2016 DATED 30-01-2017
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APPELLANT/PETITIONER : -----------------------------
THE PERUVEMBA WEAVERS CO-OPERATIVE SOCIETY NUMBER F1608 PERUVEMBA, PALAKKAD, REPRESENTED BY ITS PRESIDENT, N.PARAMESWARAN, SON OF NATARAJAN, AGED 48 YEARS, KALLENCHIRA, PERUVEMBA, PALAKKAD.
BY ADV. SRI.JACOB SEBASTIAN RESPONDENTS/RESPONDENTS : ------------------------------------
1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695 001.
2. THE GENERAL MANAGER DISTRICT INDUSTRIES CENTRE, PALAKKAD (REGISTRAR OF INDUSTRIAL CO-OPERATIVE SOCIETIES, PALAKKAD), PIN-678 001.
BY SR.GOVERNMENT PLEADER, SRI.V. TEKCHAND
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30-05-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Navaniti Prasad Singh, C.J. & Raja Vijayaraghavan V., J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30 th day of May, 2017
JUDGMENT
Navaniti Prasad Singh, C.J.
We have heard learned counsel for the appellant at length.
This appeal is against the judgment dated 30.01.2017 passed in W.P.(C) No.34075 of 2016 by the learned single Judge of this Court, as per which the writ petition was dismissed.
2. The writ petitioner/appellant is a Weavers Co-operative Society in Palakkad District under the Kerala Co-operative Societies Act, 1969. The writ petition ostensibly was filed for a direction to the Registrar of Co-operative Societies to ensure that elections are held and a duly elected management committee is put in place instead of the Administration by the adhoc committee.
3. It appears that virtually this Co-operative society is conducting no business for almost a decade. It is with the administrator for long periods of time. From the statement filed on behalf of the Registrar it appears that the Society is completely defunct, its assets having been sold off and it is not doing any business. State contemplates winding up of the Society. On the other hand, the writ petitioner/appellant contends that if elections are held, then the new management committee which consists of weavers would get together and start working in the true co-operative sense.
4. We have considered the order of the learned single Judge and heard the submissions. In a manner the submission of the learned counsel for the appellant is correct. However, discretion is of the Registrar. Accordingly, we direct that the Registrar has to take a final call in the matter whether to wind up the society or to hold elections which decision has to be taken forthwith and not later than one month. Any decision taken must be implemented and carried out with all expediency. It would be open to the appellant or the members of the Co-operative Society to represent to the Registrar of Co-operative Societies in this regard and persuade him as to the right decision to be taken in the matter.
With the above observations and directions this writ appeal stands disposed of.
Sd/- Navaniti Prasad Singh, Chief Justice Sd/- Raja Vijayaraghavan V., Judge
