V.R. BHASKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the writ petitioner aggrieved by the judgment of the learned single Judge dismissing the writ petition by relegating him to avail the alternate remedy available under Sec. 69 of the Kerala Co-operative Societies Act, 1969.

(2.) The short facts leading to the writ appeal are as follows:-

(3.) The learned senior counsel for the appellant, Sri.M.Ramesh Chander, instructed by Sri.Balu Tom, submits before us that Ext.P3 is without jurisdiction and in violation of the Act and the Rules, and therefore, such a challenge should not have been relegated to the Joint Registrar functioning under the Act. The appointment of the 6th respondent being without jurisdiction, this Court ought to have entertained the writ petition and heard it on merits. The learned senior counsel also argues that such an appointment could have been made only under Sec. 80(b)(4) of the Act to depute a person with expertise and that the 6th respondent does not qualify to be appointed under the said sec. .