SIVADASAN NAIR K Vs. REGISTRAR OF COOPERATIVE SOCITIES

JUDGEMENT

(1.) Petitioner, the president of the third respondent, Kerala State Co-operative Agricultural and Rural Development Bank Ltd. No. 4017, challenges Ext. P5 decision of the Registrar of Co-operative Soceities, granting deemed affiliation to the second respondent, a Taluk Co-operative Agricultural and Rural Development Bank, to the third respondent apex bank. The relevant facts are as follows:

(2.) No interim relief was granted in this case.

(3.) The plea raise is that the impugned decision is without authority and against the provisions of the Act. On the basis of the fact that the communication, Ext. P3 is to be presumed as having been duly delivered having regard to the endorsement "unclaimed", it is argued on behalf of the petitioner that on the face of Section 8A(3), only an appeal could have been filed before the competent authority, that too, within the statutory period of 30 days and that there is no power to condone the delay in filing even such an appeal. Bereft of that, there is no other recourse, by which, the convenor of the administrative committee could have made a representation on 20-7-2006, triggering the impugned order declaring deemed affiliation, it is contended. Learned Counsel for the petitioner referred to the decision of this Court in Kottayam Co-operative Bank v. State of Kerala 1988 (1) KLT 827 to contend that the power of the Registrar or the Government does not extend, in any manner, enabling them to interfere with the democratic status of the co-operative societies and those authorities cannot act except in situations where the statute provides specific power.