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Baby Chemparathy, President, the Thodupuzha Taluk General Marketing Co-operative Society Ltd., Vs. the Joint Registrar of Co-operative Societies, - Court Judgment

SooperKanoon Citation
SubjectTrusts and Societies
CourtKerala High Court
Decided On
Case NumberO.P. No. 5935 of 2002(F)
Judge
Reported inAIR2003Ker10
ActsKerala Co-operative Societies Act, 1969 - Sections 32, 33 and 33(1); Kerala Co-operative Societies (Amendment) Act, 1992; Kerala Co-operative Societies Rules, 1969 - Rule 38(3) and 38(4)
AppellantBaby Chemparathy, President, the Thodupuzha Taluk General Marketing Co-operative Society Ltd., ;o.P.
RespondentThe Joint Registrar of Co-operative Societies, ;mr. Babu, Assistant Registrar(General) of Co-operati
Appellant Advocate George Poonthottam and; P. Sabikunju, Advs.
Respondent Advocate D. Somasundaram, Adv. for Addl. R 8,; Jose J. Mathaikal, Adv. for Addl. R6,;
DispositionOriginal petition dismissed
Excerpt:
trusts and societies - appointment of administrator - sections 32 and 33 of kerala co-operative societies act, 1969 and rule 38 of kerala co-operative societies rules, 1969 - petition challenging order whereby managing committee of society removed from office and administrator appointed - petitioner contended that there was non-compliance with procedure under section 33 - section 33 provides for publishing notice on notice board of society inviting objection before appointing administrator - resignation letters addressed to president given by three members - quorum of committee was four - by resignation of three members committee lost quorum - since there was no quorum there was no relevance for notice under section 33 - no interference with impugned order required by court. - labour ..........589/2002 dt. 12.2.2002 by the joint registrar (general) of co-operative societies, idukki.ext.p5 true copy of the decision of the administrator dt. 13.2.2002.ext.p6 true copy of the decision dt. 13.2.2002 addressed managing director, kerala state co-operative marketing federation ltd by the administrator.ext.p7 true copy of the letter no. mp(1)4932/2002 dt. 19.2.2002 issued by the registrar of co-operative societies to the managing director, kerala state co-operative marketing federation.ext.p8 true copy of the proceedings of the registrar of co-operative societies no. mp(5)44158/01 dt. 21.3.2002.respondents' exhibits:ext.r2(a) true copy of the postal cover & registration letter.ext.r2(b) true copy of the resignation letter by the second, third and fourth petitioners.ext.r2(c) true.....
Judgment:
ORDER

NO. S.C.T.M. 589/2002 DT. 12.2.2002 BY THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, IDUKKI.

EXT.P5 TRUE COPY OF THE DECISION OF THE ADMINISTRATOR DT. 13.2.2002.

EXT.P6 TRUE COPY OF THE DECISION DT. 13.2.2002 ADDRESSED MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE MARKETING FEDERATION LTD BY THE ADMINISTRATOR.

EXT.P7 TRUE COPY OF THE LETTER NO. MP(1)4932/2002 DT. 19.2.2002 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES TO THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE MARKETING FEDERATION.

EXT.P8 TRUE COPY OF THE PROCEEDINGS OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES NO. MP(5)44158/01 DT. 21.3.2002.

RESPONDENTS' EXHIBITS:

EXT.R2(A) TRUE COPY OF THE POSTAL COVER & REGISTRATION LETTER.

EXT.R2(B) TRUE COPY OF THE RESIGNATION LETTER BY THE SECOND, THIRD AND FOURTH PETITIONERS.

EXT.R2(C) TRUE COPY OF THE LETTER SENT BY T.P. POULOSE TO THE ASST. REGISTRAR GENERAL, THODUPUZHA DT. 11.2.2002 WITH THE RESIGNATION LETTER OF T.P. POULOSE TO THE PRESIDENT.


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