Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 31016

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
Juby Johnson – Appellant
Versus
Joint Registrar (General) Of Cooperative Societies – Respondent
WP(C) NO. 17717 OF 2026

Advocates:
For the Appellants/Petitioners: Vijay Sankar V.H.
For the Respondents: Haritha V A

A court may direct a statutory authority to dispose of a pending representation within a time-bound manner after providing an opportunity of being heard to the affected parties, without delving into the merits of the underlying dispute.

Headnote:The dispute centers on the fixation of employee salaries at the basic scale, allegedly by an authority lacking jurisdiction under S.26A of the Kerala Cooperative Societies Act, 1969. The petitioners, aggrieved by an administrative order, seek judicial intervention, contending that the salary fixation was unauthorized. Having considered the request for expeditious disposal of a pending representation, the court finds that the ends of justice would be met by directing the statutory authority to adjudicate the issue. The main issue is whether the registrar acted within their authority in fixing the salaries of cooperative society employees. The court frames the scope of relief around the right of the petitioners to have their grievances, filed via formal representation, considered through a due process, including the principles of natural justice and fair hearing. The writ petition is disposed of with a directive to the first respondent to decide on the petitioner's representation after providing an opportunity for a hearing to all concerned parties within a period of two months.

JUDGMENT

Petitioners have approached this Court aggrieved by Ext.P1, whereby salary of the employees was fixed only at the basic scale. According to the petitioners, the Joint Registrar has no authority to do so invoking power under Section 26A of the Kerala Cooperative Societies Act, 1969. Petitioners have brought these aspects to the notice of the 1^st respondent Joint Registrar by filing Ext.P4 representation. Petitioners seek for an expeditious disposal of the same.

2. Heard the learned Government Pleader also.

After hearing both sides, I am inclined to dispose of the writ petition with a direction to the 1^st respondent to take Ext.P4 and dispose of the same, after affording an opportunity of being heard to the 1^st petitioner representing all the petitioners and the 3^rd respondent. A decision in this regard shall be taken within a period of two months from the date of receipt of a copy of the judgment, if Ext.P4 is received and pending before the 1^st respondent.

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2026 Supreme(Online)(Ker) 31016

IN THE HIGH COURT OF KERALA AT ERNAKULAMViju Abraham, JJuby Johnson – AppellantVersusJoint Registrar (General) Of Cooperative Societies – RespondentWP(C) NO. 17717 OF 2026

A court may direct a statutory authority to dispose of a pending representation within a time-bound manner after providing an opportunity of being heard to the affected parties, without delving into the merits of the underlying dispute.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Viju Abraham, J
Juby Johnson – Appellant
Versus
Joint Registrar (General) Of Cooperative Societies – Respondent
WP(C) NO. 17717 OF 2026