Kerala High Court
A Pavithran vs The Managing Director on 4 December, 2025
2025:KER:93886
WP(C) NO. 29843 OF 2025 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
THURSDAY, THE 4TH DAY OF DECEMBER 2025 / 13TH AGRAHAYANA, 1947
WP(C) NO. 29843 OF 2025
PETITIONER/S:
A PAVITHRAN, AGED 60 YEARS
PRESIDENT, UDAYANAPURAM PANCHAYATH SCHEDULED CASTE
FISHERMAN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD
F[K] 309] UDAYANAPURAM P.O, VAIKOM,
KOTTAYAM DISTRICT, PIN - 686143
BY ADV SMT.KAVERY S THAMPI
RESPONDENT/S:
1 THE MANAGING DIRECTOR, MATSYAFED
[ KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVEOPMENT LIMITED], KAMALESWARAM, MANACAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695009
2 THE DISTRICT MANGER
MATSYAFED [KERALA STATE CO-OPERATIVE FEDERATION FOR
FISHERIES DEVEOPMENT LIMITED] VAIKOM, KOTTAYAM
DISTRICT, PIN - 685591
3 THE DIRECTOR OF FISHERIES/ REGISTRAR OF FISHERIES CO-
OPERATIVE SOCIETIES
DIRECTORATE OF FISHERIES, 4TH FLOOR, VIKAS BHAVAN,
THRUVANANTHAPURAM, PIN - 695033
4 THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF
FISHERIES SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2025:KER:93886
WP(C) NO. 29843 OF 2025 2
ADDL. R5 KERALA STATE CO-OPERATIVE FEDERATION FOR FISHERIES
DEVEOPMENT LIMITED, KAMALESWARAM, MANACAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695009
REPRESENTED BY ITS MANAGING DIRECTOR
(ADDL. 5TH RESPONDENT IS SUO MOTU IMPLEADED AS PER
ORDER DATED 04.12.2025 IN WP(C) NO.29843 OF 2025
SRI. T.P PRADEEP
SMT. RESMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.12.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:93886
WP(C) NO. 29843 OF 2025 3
JUDGMENT
The petitioner is the President of Udayanapuram Panchayat Scheduled Caste Fisherman Development Welfare Co- operative Society Ltd (F) K No.309. The petitioner has approached this Court being aggrieved by the fact that an application filed by the petitioner for affiliation with the Apex Society (Kerala State Co-operative Federation for Fisheries Development Limited, also known as 'MATSYAFED') has not been considered in spite of the fact that the provisions of Section 8A of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the 1969 Act') indicate that if an application for affiliation is not considered within a period of 60 days, the affiliation will be deemed to be granted.
2. Learned counsel appearing for the MATSYAFED would submit that if the petitioner were to submit a fresh application for affiliation, the same shall be considered and disposed of within a period of one month.
3. Learned counsel appearing for the petitioner submits that the petitioner was continuously representing before various authorities for consideration of his application for affiliation and therefore, the petitioner cannot be found guilty of delay and laches in approaching this Court by filing the above writ petition.
2025:KER:93886 WP(C) NO. 29843 OF 2025 4 It is submitted that, the petitioner will be satisfied, if a direction is issued to the additional 5th respondent to consider the application filed in the year 2018, within a time frame to be fixed by this Court.
4. Having heard the learned counsel appearing for the petitioner and the learned counsel appearing for the MATSYAFED, I am of the opinion that since the application of the petitioner for affiliation was filed in the year 2018 and since several years have passed since the submission of the said application, the writ petition can be disposed of, directing that if the petitioner were to file a fresh application for affiliation in terms of the provisions contained in Section 8A of the 1969 Act, before the additional 5th respondent within a period of ten days from today, the additional 5th respondent shall take a decision on the said application, in accordance with the law , within a period of one month from the date on which the application for affiliation is submitted by the petitioner.
The writ petition is ordered accordingly.
Sd/-
GOPINATH P. , JUDGE ajt 2025:KER:93886 WP(C) NO. 29843 OF 2025 5 APPENDIX OF WP(C) NO. 29843 OF 2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE REGISTRAR OF FISHERIES CO- OPERATIVE SOCIETIES TO THE UDAYANAPURAM PANCHAYATH SCHEDULED CASTE FISHERMAN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD F[K] 309] DATED 10.07.2009 Exhibit P2 A TRUE COPY OF THE COVERING LETTER DATED 11.12.2018 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT ALONG WITH FORM 31 APPLICATION AS MANDATED UNDER RULE 16(E) OF THE RULES 1969 ON 11.12.2018 AND WITHOUT ANNEXURE Exhibit P3 A TRUE COPY OF THE COMMUNICATION NO:
DDFKTM/217/2023-D DATED 29.01.2024 ISSUED BY THE FISHERIES DEPUTY DIRECTOR, KOTTAYAM TO THE PETITIONER Exhibit P4 A TRUE COPY OF THE COMMUNICATION NO:
MATSYAFED/M.D/CMO/PETITIONS 2019 DATED 18.11.2024 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P5 A TRUE COPY OF THE REPLY LETTER NO:
MATSYAFED/M.D/D.M.O/PETITION/2019 DATED 24.05.2025 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER