Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Kerala

High Court Of Kerala|19 November, 2014
|

JUDGMENT / ORDER

The petitioner, as its name indicates, is a Co-operative Society constituted in the Kerala Agricultural University; as it existed at the time of its formation. Subsequently, the petitioner submits, that the University has been bifurcated into three; maintaining the courses with respect to agriculture, with the Kerala Agricultural University and forming two other Universities for veterinary and animal science as also fisheries and oceanic studies. The Head Quarters of the Agricultural University is retained at Thrissur itself. The Veterinary University has its Head Quarters at Pookode in Wayanad and the Fisheries University at Ernakulam. 2. The present writ petition is filed against Exts.P3 and P5 orders, in an application, filed by the petitioner herein. The petitioner's application was with respect to change in the name of the Society to Kerala Agricultural University and Kerala Veterinary and Animal Sciences University WPC.No.12531/2012 : 2 :
Co-operative Society. This was necessitated, according to the learned counsel appearing for the petitioner, because otherwise the members of the society who have been the erstwhile members of the Kerala Agricultural University, and now transferred to the Veterinary University would be denied of the benefits extended by the Society. The specific contention is only with respect to those persons, who have been retained in the offices of such University, in Thrissur.
3. The petitioner's contention is only with respect to the change in name and the intention, is only to take in those employees of the Veterinary Sciences University, who are retained in its offices at Thrissur itself. However, the proposal to change the name as approved by the General Body of the Society was declined for reason only of the possibility of another Society being formed for the other University. The appellate order also rejected the appeal without any reasoning and merely confirming the original order.
4. The mere possibility of another society being constituted for the other University cannot stand in the way of change in name, suggested by the petitioner herein. In fact it WPC.No.12531/2012 : 3 :
is only taking into note, the convenience of the employees of the University, within the area of the petitioner Society that such a decision was taken. Definitely, a notice ought to have been issued to the representative employees Union or other representative organs of the members who are said to be retained in the Veterinawry University's office at Thrissur.
5. In such circumstance, Exts.P3 and P5 are set aside only to the extent of declining the change in name as approved by the General Body of the Society. The Joint Registrar shall take up the matter afresh and decide upon it after following the exercise as prescribed herein. This Court has not made any observation on the merits and it would be well within the authority of the Registrar, looking at the relevant facts and in accordance with law.
Writ petition is disposed of.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Kerala

Court

High Court Of Kerala

JudgmentDate
19 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri