CHERUMMOOD KSHEEROLPADAKA SAHAKARANA SANGHAM LIMITED AND ORS Vs. DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, KERALA STATE AND ORS

JUDGEMENT

(1.) The petitioner challenges Ext.P6 order issued by the Government exempting the additional 5th respondent Society to be registered in ward Nos. 1 and 2 of Perinad Panchayath in Kollam district overlapping the said area originally registered as area of operation of the petitioner Society, exercising the power under Section 101 of the Kerala Co-operative Societies Act.

(2.) The facts involved in the case disclose that the petitioner Society was registered in the year 1954 and admittedly their area of operation included ward Nos. 1 and 2 of Perinad Panchayath. As per Clause (c) of Sub Section (1) of Section 7 of the Kerala Co-operative Societies Act (hereinafter referred to as the Act), the Registrar, while exercising the right to register the Society and its Bye-law shall satisfy itself that the area of operation of the proposed society and the area of operation of another society of smaller type do not overlap. Since there is overlapping for registration of the additional 5th respondent Society, the impugned order came to be passed.

(3.) In fact, when the writ petition was filed, the petitioner Society was not aware of the impugned order. The writ petition is filed on the apprehension that steps were being taken by the official respondents to register the Society overlapping ward Nos.1 and 2 and seeking to quash any such proceedings. Subsequently, additional 5th respondent got itself impleaded by virtue of order passed in I.A.No.19815/2011 produced along with the said application, the Government Order as Annexure Ext.R4 (a). The writ petition is subsequently amended challenging the said Government Order which is Ext.P6.