Arayoor Service Co-Operative ... vs The Joint Registrar Of ...
2021 Latest Caselaw 76 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                      WP(C).No.24314 OF 2020(L)


PETITIONERS:

      1        ARAYOOR SERVICE CO-OPERATIVE BANK LTD. NO. 692
               ARAYOOR, NEYYATINKARA,
                THIRUVANANTHAPURAM-695122,
               REPRESENTED BY ITS SECRETARY IN CHARGE.

      2        THE MANAGING COMMITTEE OF
               ARAYOOR SERVICE CO-OPERATIVE BANK LITD NO.692,
               ARAYOOR, NEYYATINKARA,
               THIRUVANANTHAPURAM-695122,
               REPRESENTED BY ITS PRESIDENT.

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


RESPONDENTS:

      1        THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
               (GENERAL)
               OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
               SOCIETIES,
               THIRUVANANTHAPURAM-695001.

      2        JUNIOR INSPECTOR TO THE
               OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
               SOCIETIES(G), KATTAKADA,
               THIRUVANANTHAPURAM-695572
               (APPOINTED UNDER SECTION 66 OF THE KCS ACT).

               R1-2 BY GOVERNMENT PLEADER


               SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24314 OF 2020

                                        2




                                JUDGMENT

Dated this the 4th day of January 2021

The petitioner Society and the Managing Committee

have jointly challenged Exhibit P5 order issued by

the Joint Registrar General, Thiruvananthapuram. It

is disclosed therein that, pursuant to the

inspection conducted under Section 66 of the Co-

Operative Societies Act, the Assistant Registrar

General has appointed an Inquiry Officer. The Inquiry

Officer was directed to file a report within one

month. A copy of the report under Section 66 of the

Co-operative Societies Act was also transmitted.

2. Evidently, the present stage is only one of

an Inquiry under Section 68(1) of the Co-operative

Societies Act. The petitioners cannot be considered

as aggrieved person at this stage.

3. Having considered this, I am inclined to

dispose of the writ petition itself, reserving the

right of the aggrieved person to raise objections, if WP(C).No.24314 OF 2020

a notice under Section 68(2) of Co-operative

Societies Act is issued to him.

This writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS JUDGE

Jms

//True Copy// P.A to Judge WP(C).No.24314 OF 2020

APPENDIX PETITIONERS' EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 17.04.2018 OF THE FIRST RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE JUDGMENT DATED 14.08.2020 IN WPC NO. 15033/2018.

EXHIBIT P3 A TRUE COPY OF THE ENQUIRY SUBMITTED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 1997 (2) KLT 85.

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 22.10.2020 OF THE FIRST RESPONDENT.

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 1990(1)KLT 594.

//True Copy// P.A to Judge