The Managing Committee vs The Joint Registrar Of ...
2021 Latest Caselaw 23844 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
  SATURDAY, THE 4TH DAY OF DECEMBER 2021 / 13TH AGRAHAYANA, 1943
                       WP(C) NO. 26989 OF 2021
PETITIONER:

          THE MANAGING COMMITTEE,MALA BLOCK TOWN CO-OPERATIVE
          BANK LIMITED NO. R-1086,ALOOR P.O, THRISSUR DISTRICT
          680 683 REPRESENTED BY ITS PRESIDENT.

          BY ADVS.
          GEORGE POONTHOTTAM (SR.)
          ARUN CHANDRAN
          NISHA GEORGE



RESPONDENTS:

 1   THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
     OFFICE OF THE JOINT REGISTRAR JOINT REGISTRAR OF CO-OPERATIVE
     SOCIETIES, THRISSUR DISTRICT 680 001

 2   THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
     CHALAKKUDY, THRISSUR DISTRICT 680 307

 3   THE JUNIOR INSPECTOR/SPECIAL SALE OFFICER NO. 1
     OFFICER APPOINTED FOR THE CONDUCT OF INSPECTION UNDER SECTION
     66 OF THE KCS ACT) OFFICE OF THE ASSISTANT REGISTRAR OF CO-
     OEPRATIVE SOCIETIES (GENERAL), CHALAKKUDY, THRISSUR DISTRICT.

 4   JAYARAJAN V.V,AGED 45 YEARS,S/O. VIJAYAN, VALLATH HOUSE,
     KALLETTUMKARA P.O, THRISSUR DISTRICT 680 683

     SR. GP SRI. BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.26989 of 2021
                             2



                          JUDGMENT

Order of inspection under Section 66 of the Co-

operative Societies Act (for short, 'the Act') is

under challenge in this writ petition by the

managing committee of the society.

2. The 4th respondent in the writ petition sought

for membership in the society. The same was refused

as per Ext P2 order of the Joint Registrar for the

reason that he is a member of another society namely

Thazhekad Service Co-operative Bank.

3. It appears that, pursuant to Ext.P2 the 4 th

respondent filed complaint that persons beyond the

area of operation of the society are being granted

membership. The Assistant Registrar filed a report

before the Joint Registrar. After considering the

same, the Joint Registrar issued Ext P4 order for

enquiry under Section 66 of the Act.

4. In the order, after referring to the report

of the Assistant Registrar it is stated thus:

"BbXv {]-Im-cw \n-b-amh-en hy-h-Ø A-\p-k-cn-¨v kw-L-¯n Aw-K-Xzw \Â-Ip-¶-Xn-\v AÀ-l-X-bp ണ W.P(C) NO.26989 of 2021

F-¶v sX-fn-bn-¡p-¶ tc-J-IÄ H¶pw X-s¶ e-`y-am- bn-«nà F¶pw Cu hn-j-b-¯n hn-i-Zam-b ]- cn-tim- [-\ th-W-sa¶pw Nm-e-¡p-Sn A-kn-kv റ âv c-Pn-kv-{SmÀ dn-t¸mÀ-«v sN-bv-Xn-«p-ണ."

5. It is not evident as to who or who all are

the person or persons referred to therein.

Evidently, there has been no application of mind.

The circumstances requiring an inspection is not

evident.

Accordingly, Ext P4 order is quashed. Needless

to say that, this will be without prejudice to the

rights of the parties.

Sd/-

SATHISH NINAN

JUDGE

vdv W.P(C) NO.26989 of 2021

APPENDIX OF WP(C) 26989/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P(C) NO. 228 OF 2017 DATED 24-10-2019

Exhibit P2 TRUE COPY OF THE PROCEEDINGS BEARING NO. C.R.B 10327/19 DATED 09-01-2020 OF THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO.

1450/21 OF THE 2ND RESPONDENT DATED 03-11-2021

Exhibit P4 TRUE COPY OF THE PROCEEDINGS NO. CRB 1992/2021 OF THE 1ST RESPONDENT DATED 12-11-2021