Kerala High Court
Adoor.N.Jayaprasad vs The Joint Registrar Of Co-Operative ... on 28 July, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:55706
W.P.(C)No.25698 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 28TH DAY OF JULY 2025 / 6TH SRAVANA, 1947
WP(C) NO. 25698 OF 2025
PETITIONERS:
1 ADOOR.N.JAYAPRASAD,
AGED 67 YEARS,
S/O NARAYANAN, AISWARYA, BHARANIKKAV, PUNALUR,
FORMER PRESIDENT OF THE MANAGING COMMITTEE OF THE
PATHANAPURAM BLOCK HOUSING CO-OPERATIVE SOCIETY
LTD.NO. Q.456, PUNALUR.P.O., KOLLAM, PIN - 691305
2 R.CHANDRAMOHAN,
AGED 72 YEARS,
S/O RAMAPANICKER, KITTOORAZHIKATH VEEDU,
BHARANIKKAVU, PUNALUR, FORMER MEMBER OF THE
MANAGING COMMITTEE OF THE PATHANAPURAM BLOCK
HOUSING CO-OPERATIVE SOCIETY LTD.NO. Q.456,
PUNALUR.P.O., KOLLAM, PIN - 691305
BY ADVS.
SRI.B.S.SWATHI KUMAR
SRI.HARISANKAR N UNNI
SMT.K.MINI MOLE (M-1356)
SMT.SIBI P. BIJU
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), CIVIL STATION, KACHERI.P.O., KOLLAM,
PIN - 691013
2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(G), MINI CIVIL STATION, PUNALUR.P.O,
KOLLAM, PIN - 695305
3 THE PATHANAPURAM BLOCK HOUSING CO-OPERATIVE
2025:KER:55706
W.P.(C)No.25698 of 2025
2
SOCIETY LTD.NO. Q.456,
PUNALUR.P.O., KOLLAM REPRESENTED BY ITS
SECRETARY., PIN - 691305
BY ADV.
SMT.C.S.SHEEJA, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:55706
W.P.(C)No.25698 of 2025
3
K.BABU, J.
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W.P.(C) No.25698 of 2025
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Dated this the 28th day of July, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-
"i) to declare that the 1 st respondent is legally and statutorily bound to issue a copy of Section 65 inquiry report to the petitioners along with Ext P5;
ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding compelling the 1 st respondent to issue a copy of the Section 65 inquiry report and fix the date and time of hearing only after issuance of section 65 inquiry report along with all the documents relied upon by the Inquiry Officer.;
iii) issue a writ of certiorari or any other appropriate writ, order or direction calling for the records leading to Ext.P5 and quash the same;
iv) to dispense with the English translation of vernacular documents;
v) such other appropriate writ order or direction as this Hon'ble Court may deem fit and proper to meet the ends of justice. "
2. Petitioner Nos. 1 and 2 are the President and a member respectively of the former managing committee of respondent No.3 - Society. On 12.06.2020, respondent No.1 issued an order directing inspection under Section 66(1) of 2025:KER:55706 W.P.(C)No.25698 of 2025 4 the Kerala Co-operative Societies Act, in the Society. Subsequent to the inspection, an inquiry under Section 65 of the Act was conducted. The inquiry culminated in Ext.P5 show cause notice.
3. The grievance of the petitioners is that they were not served with the inquiry report under Section 65 of the Act.
4. The learned Senior Government Pleader submitted that the competent authority had posted the matter for hearing pursuant to Ext.P5 on 25.06.2025, but, the petitioners did not appear.
5. The learned counsel for the petitioners submitted that the petitioners submitted Ext.P6 application seeking copy of the inquiry report on 23.06.2025 and they have not been given the same so far.
6. Having regard to the reliefs sought for, the Writ Petition is disposed of as follows:-
(a) The petitioners are directed to appear before respondent No.1 for hearing on 2025:KER:55706 W.P.(C)No.25698 of 2025 5 04.08.2025.
(b) Respondent No.1 shall serve copy of the inquiry report under Section 65 of the Act to the petitioners on 04.08.2025 itself.
(c) Further proceedings pursuant to Ext.P5 shall be completed within one month from 04.08.2025.
(d) The petitioners are also at liberty to make application for getting the annexures relied on in the report under Section 65 of the Act.
Sd/-
K.BABU JUDGE VPK 2025:KER:55706 W.P.(C)No.25698 of 2025 6 APPENDIX OF WP(C) 25698/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 11-4-2022 TO THE INQUIRY OFFICER Exhibit P2 TRUE COPY OF THE LETTER DATED 27-4-2022 TO THE INQUIRY OFFICER Exhibit P3 TRUE COPY OF THE LETTER DATED 11-5-2022 TO THE INQUIRY OFFICER Exhibit P4 TRUE COPY OF THE ORDER IN W.P.(C)NO.
16228/2022 DATED 31-5-2022 Exhibit P5 TRUE COPY OF THE SHOW CAUSE NOTICE NO:
JRGKLM/1790/2022HM DATED 16-6-2025 ISSUED BY THE 1ST RESPONDENT Exhibit P6 TRUE COPY OF THE REQUEST FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 23-6-2025