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2026 Supreme(Online)(Ker) 33013
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Gopinath P., J
Ernakulam District Labour-Cum-Development Co-operative Bank Ltd. – Appellant
Versus
Registrar Of Co-operative Societies – Respondent
WP(C) NO. 18534 OF 2026
For the Appellants/Petitioners: M.A.Vaheeda Babu, Babu Karukapadath, Karukapadath Wazim Babu, Arya Raghunath, P.Lakshmi, Abuasil A.K., Rishi Vincent
For the Respondents: Imam Grigorios Karat
Statutory authorities are mandated to dispose of applications for bye-law amendment registration within the prescribed timeline of ninety days as per the Kerala Co-operative Societies Act, 1969.
Headnote:The petitioner filed a writ petition seeking a direction for the approval of an amendment to its bye-laws, as the statutory period for such consideration under Section 12(4A) and 12(4B) of the Kerala Co-operative Societies Act, 1969 had elapsed without a decision. The court examined the delay in processing the application submitted by the petitioner and observed that the statutory requirements mandate a timely disposal of such requests. The primary issue concerns whether the respondent is legally obligated to dispose of an application for bye-law amendment within the stipulated timeline provided by the governing statute. The ratio decidendi rests on the court's interpretative obligation to enforce statutory mandates requiring authorities to pass orders within a specified ninety-day period when no decision has been rendered on a pending application. The court directed the second respondent to consider the application and pass orders in accordance with the law within six weeks from the date of receipt of the judgment.
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| 1. timely disposal of statutory applications for bye-law amendments by cooperative authorities. (Para 1 , 2 , 3) |
J U D G M E N T
The petitioners are before this Court, being aggrieved by the fact that their application for registration/approval of the amendment to the bye-laws has not been considered and disposed of by the second respondent, despite the fact that under the provisions of Section 12(4A) of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the “1969 Act”), the second respondent is required to pass orders on an application seeking approval of an amendment to the bye-laws within a period of ninety days. It is submitted that the petitioners have also preferred a representation (Ext.P6) before the first respondent, as contemplated by the provisions of Section 12(4B) of the 1969 Act. However, no final orders have yet been passed on the application seeking approval of the amended bye-laws.
2. The learned Government Pleader seeks time to get instructions. However, considering the facts and circumstances of the case, I am of the opinion that this writ petition need not be adjourned to enable the learned Government Pleader to get instructions.
3. A perusal of Ext.P5, which is the application filed for approval of amendment to the bye-laws, shows that it is dated 03.01.2025.
Therefore, it is only appropriate that a direction be issued to the second respondent to consider Ext.P5 and pass orders thereon, in accordance with the law, within a period of six weeks from the date of receipt of a certified copy of this judgment, unless Ext.P5 has already been considered and orders have been passed thereon.
The writ petition is ordered accordingly.
