IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.27892 OF 2020(J)
PETITIONER:
GIJOMON JOSEPH
AGED 42 YEARS
KOLENCHERIL HOUSE,
KADUTHURUTHY, KOTTAYAM,
FORMER JUNIOR CLERK,
KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING AND
PROCESSING SOCIETY LTD.NO.1397,
KADUTHURUTHY, KOTTAYAM.
BY ADVS.
SRI.B.S.SWATHI KUMAR
SMT.ANITHA RAVINDRAN
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
CIVIL STATION, KOTTAYAM - 686 001.
2 THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING AND
PROCESSING SOCIETY LTD.NO.1397
KADUTHURUTHY, KOTTAYAM - 686 604
REPRESENTED BY THE CONVENOR, ADMINISTRATIVE
COMMITTEE.
SR.GP BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27892 OF 2020
2
JUDGMENT
Dated this the 5th day of January 2021 The grievance of the petitioner herein on whom Exhibit P3 has been served is that the authority has pre-judged the whole issue and fixed the liability on the petitioner.
2. The learned counsel for the petitioner vehemently contended that, neither in the report which was produced as Exhibit P2, nor in any subsequent inquiry conducted thereupon, there is any whisper regarding the role of the petitioner. There is nothing on record to show that the petitioner is also responsible. According to the petitioner, Exhibit P3 is virtually a finding calling upon him to discharge the liability.
3. From the tenor of Exhibit P3, it is evident that it is in the nature of a notice under Section 68 (2) of the Kerala CO-operative Societies Act. Necessarily this is the stage when the petitioner is entitled to raise WP(C).No.27892 OF 2020 3 his objections on Exhibit P3.
4. Having considering this, I am inclined to dispose of the writ petition permitting the petitioner herein to raise all the objections which he is legally entitled to raise to Exhibit P3 and to submit a reply within a period of 20 days from today. Thereupon, the authority shall pass appropriate orders considering the objection raised by the petitioner.
This writ petition is disposed of.
Sd/-
SUNIL THOMAS JUDGE Jms //True Copy// P.A to Judge WP(C).No.27892 OF 2020 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INQUIRY REPORT NO.145/15 DATED 24/11/2017 OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), VAIKOM. EXHIBIT P2 TRUE COPY OF THE REPORT UNDER SECTION 68(1) OF THE CO-OPERATIVE SOCIETIES ACT OF THE 2ND RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE NOTICE NO.HM 4685/18 DATED 4/11/2020 OF THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE TABULATED REPORT OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), VAIKOM APPENDED TO EXT.P2. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 29/6/2013 OF THE MANAGING DIRECTOR OF THE 2ND RESPONDENT.
//True Copy// P.A to Judge