Board Of Directors Of Veeranakavu ... vs Joint Registrar Of Co-Operative ...
2021 Latest Caselaw 1315 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942

                       WP(C).No.861 OF 2021(G)


PETITIONERS:

      1        BOARD OF DIRECTORS OF VEERANAKAVU WELFARE
               CO-OPERATIVE SOCIETY LTD. NO.1580
               REPRESENTED BY ITS PRESIDENT,
               VEERANKAVU P.O., THIRUVANANTHAPURAM-695 572

      2        VEERANKAVU WELFARE CO-OPERATIVE SOCIETY LTD
               NO.1580,REPRESENTED BY ITS SECRETARY,
               VEERANKAVU P.O., THIRUVANANTHAPURAM-695 572

               BY ADVS.
               SRI.P.N.MOHANAN
               SRI.C.P.SABARI
               SMT.AMRUTHA SURESH

RESPONDENT:

               JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)
               OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
               SOCIETIES, JAGATHI, THIRUVANANTHAPURAM-695 014


OTHER PRESENT:

               SR.GP K.P HARISH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 w.p(c).861/2021
                                     2




                               JUDGMENT

Petitioners herein, who are the President and the Secretary of the

Welfare Co-operative Society, have been served with Ext.P2 notice to

appear before the authority and to explain as to why appropriate

proceedings shall not be initiated. Notice is seen issued by the Joint

Registrar (General) in relation to S.65 enquiry under the Co-operative

Societies Act. The report of the Assistant Registrar (General) dated

11.12.2020 in K.604/20 was referred to in the notice. According to the

petitioners, without serving the copy of that report with them, they will

not be able to effectively explain their stand.

2. Objecting the above prayer, learned Senior Government

Pleader submitted that, Ext.P2 itself is self speaking and to whose

information, a copy of the report has already been forwarded to the

Secretary.

3. Having considered the limited prayer sought, I am inclined to

direct that, if the report of the Assistant Registrar (General) referred to

in Ext.P2 has not earlier been supplied to the petitioners, a copy of it

shall be served on them on their appearance before the Joint Registrar

on 20.01.2021. They shall receive the copy of the report against proper w.p(c).861/2021

acknowledgment and Joint Registrar shall give them a reasonable

opportunity to reply to Ext.P2.

Writ Petition is disposed of accordingly.

Sd/-

                                                   SUNIL THOMAS

Sbna                                                  JUDGE
 w.p(c).861/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           A TRUE COPY OF THE ORDER DATED 12.05.2020
                     OF THE RESPONDENT

EXHIBIT P2           A TRUE COPY OF THE NOTICE DATED 31.12.2020
                     OF THE RESPONDENT

EXHIBIT P3           A TRUE COPY OF THE LETTER DATED 07.01.2021
                     OF THE FIRST PETITIONER

EXHIBIT P4           A TRUE COPY OF THE JUDGMENT AS REPORTED IN
                     2007 (1) KLT 88 (SC)