The Managing Committee vs The Joint Registrar Of ...
2021 Latest Caselaw 9230 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR. JUSTICE SUNIL THOMAS

     FRIDAY, THE 19TH DAY OF MARCH 2021 / 28TH PHALGUNA, 1942

                        WP(C).No.5712 OF 2021(L)


PETITIONER:

                THE MANAGING COMMITTEE
                ANANTHAPURAM CO-OPERATIVE SOCIETY LIMITED NO. T-184,
                KAITHAMUKKU, THIRUVANANTHAPURAM DISTRICT,
                PIN CODE-695024, REPRESENTED BY ITS PRESIDENT.

                BY ADVS.
                SRI.GEORGE POONTHOTTAM (SR.)
                SRI.P.SUBAIR KUNJU
                SMT.NISHA GEORGE

RESPONDENT/S:

      1         THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
                (GENERAL)
                OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
                SOCIETIES (GENERAL), RAJAJI NAGAR,
                MARKET ROAD, STATUE, THYCAUD,
                THIRUVANANTHAPURAM, PIN CODE-695001.

      2         THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
                (GENERAL),
                OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
                SOCIETIES (GENERAL),
                THIRUVANANTHAPURAM,
                THIRUVANANTHAPURAM DISTRICT, PIN CODE-695001.

      3         THE OFFICER ON INQUIRY/UNIT INSPECTOR,
                SREEKARIYAM, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
                OPERATIVE SOCIETIES (GENERAL),
                NEDUMANGAD,
                THIRUVANANTHAPURAM DISTRICT, PIN CODE-695541.


OTHER PRESENT:

                SR.GP BIMAL K NATH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).5712/2021
                                    2




                              JUDGMENT

Petitioner is the managing committee of a primary co-operative

miscellaneous society functioning under the provisions of the Kerala Co-

operative Societies Act and the Rules therein. The facts disclose that, in

2018, an enquiry was ordered by the first respondent under section 65

of the KCS Act into the affairs of the society by Ext.P2 order. The

enquiry was not completed within the statutory period of one year.

Hence, another enquiry was ordered by the first respondent on the very

same subject matter by Ext.P4. According to the petitioner, Ext.P4

proceedings ordering enquiry clearly show that the Joint Registrar did

not apply his mind while ordering enquiry and that there was no

independent application of mind by the authority. Learned Senior

Counsel invited my attention to Ext.P1 ,which is the genesis of the

entire proceedings. It is a complaint submitted by one P.Ramakrishnan

Nair to the Minister for Cooperation dated 11.06.2018. Minister

endorsed that an enquiry shall be conducted into the alleged

malpractices in the bank and to take appropriate action against the

persons found guilty and to report. According to the petitioner, this

direction was given to take appropriate action to punish the guilty. This

has influenced all further proceedings. According to the petitioner,

Ext.P2 indicates that first respondent was guided by the direction to W.P(C).5712/2021

take action against guilty and he commenced from the premise that the

persons were found guilty. According to the petitioner, this was

amplified by the fact that an enquiry could not be conducted within the

stipulated time and another enquiry was ordered. The continuance of

enquiry amounts to harassment and hence liable to be quashed.

2. When the matter was taken up for final hearing today,

learned Senior Government Pleader, on instructions, submitted that the

first respondent has decided to withdraw the further proceedings. It is

further stated that, appropriate orders have been issued yesterday. It

was pointed out by the learned Senior Government Pleader that, an

order has been issued indicating that, due to technical reasons, the

above proceeding could not be continued and hence it is withdrawn,

without prejudice to further necessary action as found in accordance

with section 65 of the KCS Act.

3. This is recorded and necessarily writ proceedings cannot

continue.

4. This conduct of the first respondent was vehemently opposed

by the petitioner contending that, this indicates the respondents were

bent upon harassing the petitioners. Ext.P2 r/w Ext.P1 clearly indicated

that, there was absolute non application of mind and the proceedings

were initiated pursuant to the directions contained in Ext.P1. Any

further action taken by the Joint Registrar pursuant to Ext.P1, even by W.P(C).5712/2021

rectifying the inherent flaws in the enquiry cannot be salvaged by a

subsequent order, it was contended. Ext.P2 pursuant to Ext.P1 thereto

can only indicate lack of application of mind and malafide action, it was

contended. It seems that, there is considerable substance in the

contention taken up by the petitioner. Any further proceedings

pursuant to Ext.P1, even by a fresh order, can still be overshadowed by

the endorsement on Ext.P1. I do not propose to make any further

comment on that.

Writ Petition is closed recording the above.

Sd/-

                                                SUNIL THOMAS

Sbna                                                  JUDGE
 W.P(C).5712/2021





                         APPENDIX
PETITIONER'S EXHIBITS:

EXHIBIT P1           TRUE COPY OF THE COMPLAINT SUBMITTED BY

SRI.P.RAMAKRISHNAN NAIR TO THE MINISTER FOR CO-OPERATION DATED 11.6.2018.

EXHIBIT P2 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NO.P(2) 6858/18 DATED 27.11.2018.

EXHIBIT P3 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NO.P(2) 6858/2018 DATED 12.7.2019.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NO.P(2) 6858/18 DATED 21.5.2020.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NO.P(2) 6858/18 DATED 4.11.2020.

EXHIBIT P6 TRUE COPY OF THE LETTER/REQUEST BEARING REF.NO.703/19-20:HO-1-01/20 DATED 11.3.2020 ISSUED BY THE PETITIONER SOCIETY.

EXHIBIT P7 TRUE COPY OF THE LETTER/REQUEST BEARING REF.NO.720/19-20:HO-3-01/20 DATED 13.3.2020 ISSUED BY THE PETITIONER SOCIETY.