Gijomon Joseph vs The Joint Registrar Of ...
2021 Latest Caselaw 170 Ker

               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

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

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