Kerala High Court
E.Asok Kumar vs The Assistant Registrar Of ... on 3 July, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:48482
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WP(C) NO. 23765 OF 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
THURSDAY, THE 3RD DAY OF JULY 2025 / 12TH ASHADHA, 1947
WP(C) NO. 23765 OF 2025
PETITIONERS:
1 E.ASOK KUMAR
AGED 63 YEARS
S/O.V.U.WARRIER, 'THIRUVATHIRA', URAKAM P.O., THRISSUR
DISTRICT, PIN - 680562
2 P.RAMACHANDRAN
AGED 68 YEARS
S/O.KRISHNANKUTTY NAIR, NEERANJALI, 100, PRANAVAM NAGAR,
MANNUTHY P.O., THRISSUR DISTRICT., PIN - 680651
3 A.L.RAPPAI
AGED 71 YEARS
S/O.LONA, ARACKAPARAMBIL HOUSE, LOURDUPURAM, EAST FORT
P.O., THRISSUR DISTRICT., PIN - 680005
4 P.G.SUNIL
AGED 61 YEARS
S/O.GOVINDAN, PADINJAREPURAKKAL HOUSE, DREAM AVENUE
LANE, ANUGRAHA ROAD, PERAMANGALAM, THRISSUR DISTRICT.,
PIN - 680545
5 N.UNNIKRISHNAN
AGED 63 YEARS
S/O.N.S.UNNIKRISHNAN, NETTISSERY VARIAM, AYYAPPANKAVU
P.O., THRISSUR DISTRICT., PIN - 680571
BY ADVS.
SRI.ARJUN RAGHAVAN
SHRI.T.R.HARIKUMAR
SMT.POOJA PANKAJ
2025:KER:48482
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WP(C) NO. 23765 OF 2025
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THRISSUR
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), SAHAKARANA BHAVAN, AYYANTHOLE P.O., THRISSUR
DISTRICT., PIN - 680003
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
THRISSUR
OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), SAHAKARANA BHAVAN, AYYANTHOLE P.O, THRISSUR
DISTRICT., PIN - 680003
3 SBI STAFF CO-OPERATIVE SOCIETY LTD NO.R.345
REPRESENTED BY ITS SECRETARY-IN-CHARGE, POTTAKAD
BUILDING, THIRD FLOOR, EAST ROUND, THRISSUR DISTRICT.,
PIN - 680001
BY G.P. SMT. RESMI THOMAS.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.07.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:48482
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WP(C) NO. 23765 OF 2025
JUDGMENT
The prayers in this writ petition are as follows:-
"(i) to issue a writ of certiorari or any other appropriate order or direction calling for the records leading to the issuance of Exhibits-P14, P15 and P21 and quash the same;
ii) to issue a writ of certiorari or any other appropriate order or direction, calling for the records leading to the issuance of Exhibits-P9, P10, P11 and P12 and quash the same;
iii) to issue a writ of certiorari or any other appropriate order or direction calling for the records leading to the issuance of Exhibits-P4, P6 and P7 and quash the same;
iv) to declare that the Exhibit-P14 report under Section 65 is legally invalid and cannot be acted upon, as it is prepared in violation of Section 65(5) of the Kerala Co-operative Societies Act, and in violation of Rule 66 of Kerala Co-
operative Societies Rules;
v) to declare that Exhibit-P15 report is legally invalid and cannot be acted upon as it falls short of statutory compliances mandated under Rule 2025:KER:48482 4 WP(C) NO. 23765 OF 2025 66 of the Kerala Co-operative Societies Rules;
vi) to issue a writ of mandamus or any other appropriate writ, order or direction, directing respondents 1 and 2 to dispose off ARC No.241 of 2024, within a time frame fixed by this Hon'ble Court;
vii) to dispense with filing of the transition of vernacular documents; and viii) to grant such other relief's as this Honourable Court may deem fit in the circumstances of this case".
2. The learned counsel for the petitioners challenges Ext.P21 order passed under Section 68(2) of the Kerala Co-
operative Societies Act on the ground that, there is gross violation of the principles of natural justice in the proceedings. The learned counsel for the petitioners, therefore, prayed for a stay of any coercive proceedings pursuant to Ext.P21.
3. The learned Government Pleader vehemently opposed the maintainability of the writ petition, contending that the statutory remedy of appeal under 2025:KER:48482 5 WP(C) NO. 23765 OF 2025 Section 83(1) (e) of the Act has not been exhausted.
4. Having regard to the submissions made, this Court is of the view that, the petitioners are to be relegated to invoke the statutory remedy of appeal. The petitioners are granted one month's time from this date to prefer the statutory appeal. It is made clear that the petitioners are at liberty to prefer an appeal beyond the period of limitation. In view of the materials highlighted citing violation of the principles of natural justice, if an appeal is preferred along with a stay petition before the appellate authority, any coercive steps that may be initiated against the petitioners shall stand deferred until a decision is taken on the stay petition. During the pendency of the appeal, the petitioners' assets shall not be alienated or encumbered.
The writ petition is disposed of.
Sd/-
K. BABU, JUDGE al/-
2025:KER:48482 6 WP(C) NO. 23765 OF 2025 APPENDIX OF WP(C) 23765/2025 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PLAINT DATED 31-05-2024 IN ARC NO.241 OF 2024 FILED BEFORE THE 2ND RESPONDENT Exhibit-P2 A TRUE COPY OF THE ATTACHMENT APPLICATION ALONG WITH THE AFFIDAVIT DATED 31-05-2024 FILED IN ARC NO.241 OF 2024 Exhibit-P3 A TRUE COPY OF THE ORDER DATED 24-10-2022 ISSUED BY THE 2ND RESPONDENT Exhibit-P4 A TRUE COPY OF THE ORDER DATED 20-02-2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P5 A TRUE COPY OF THE ORDER DATED 30-03-2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P6 A TRUE COPY OF THE ORDER DATED 30-05-2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P7 A TRUE COPY OF THE ORDER DATED 19-08-2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P8 A TRUE COPY OF THE COMMUNICATION DATED 12-02- 2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P9 A TRUE COPY OF THE ORDER DATED 12-12-2023 ISSUED BY THE 2ND RESPONDENT Exhibit-P10 A TRUE COPY OF THE ORDER DATED 11-03-2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P11 A TRUE COPY OF THE ORDER DATED 01-06-2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P12 A TRUE COPY OF THE ORDER DATED 30-09-2024 ISSUED BY THE 2ND RESPONDENT Exhibit-P13 A TRUE COPY OF THE NOTICE DATED 21-12-2024 ISSUED UNDER SECTION 68 (2) BY THE 2ND RESPONDENT Exhibit-P14 A TRUE COPY OF THE SECTION 65 ENQUIRY REPORT DATED 09-11-2023 Exhibit-P15 A TRUE COPY OF THE SECTION 68 (1) ENQUIRY REPORT DATED 07-02-2025 Exhibit-P16 A TRUE COPY OF THE EXPLANATION FILED BY THE 1ST PETITIONER DATED 12-03-2025 Exhibit-P17 A TRUE COPY OF THE EXPLANATION FILED BY THE 2ND PETITIONER DATED 12-03-2025 Exhibit-P18 A TRUE COPY OF THE EXPLANATION FILED BY THE 3RD PETITIONER DATED 12-03-2025 2025:KER:48482 7 WP(C) NO. 23765 OF 2025 Exhibit-P19 A TRUE COPY OF THE EXPLANATION FILED BY THE 4TH PETITIONER DATED 12-03-2025 Exhibit-P20 A TRUE COPY OF THE EXPLANATION FILED BY THE 5TH PETITIONER DATED 12-03-2025 Exhibit-P21 A TRUE COPY OF THE ORDER NO.JRGTSR/369/2022/CRB(1) DATED 20-05-2025 ISSUED BY THE 2ND RESPONDENT UNDER SECTION 68 (2) OF KCS ACT Exhibit-P22 A TRUE COPY OF THE JUDGMENT DATED 22-07-2022 IN WA NO.1500 OF 2021 Exhibit-P23 A TRUE COPY OF THE JUDGMENT DATED 22-10-2020 IN WP(C) NO.9681 OF 2020