Kerala High Court
K.Viswambharan vs Joint Registrar Of Co-Operative ... on 3 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
WP(C) NO. 23826 OF 2021
PETITIONERS:
1 K.VISWAMBHARAN,AGED 76 YEARS
PUTHUVAL PUTHEN VEEDU, EDATHARA, POTHENCODE P.O.
2 SURESH KUMAR T.R, KARAVIDA PUTHENVEEDU, PATTUVILAKAM,
KATTAYIKONAM P.O.THIRUVANANTHAPURAM-695 584.
3 SUNITHA S,SAVITHRI NILAYAM, AYIROOPPARA, AYIROOPPARA P.O.
4 AJITH A.K, P.C.K.BHAVAN, THUNDATHIL P.O.
THIRUVANANTHAPURAM-695 581.
5 M. VIJAYAKUMARAN NAIR,
RESHMI NIVAS, PATHIPPALLIKONAM, EDATHARA, POTHENCODE P.O.
6 MINIMOL J, RAJI BHAVAN, MULLARIKONAM, ANDOORKONAM P.O.
7 ABDUL MAJEED S,PARAGON, 74/2021 KOITHOORKONAM P.O.
POTHENCODE, THIRUVANANTHAPURAM.
8 G. MURALEEDHARAN NAIR, ELAPRAM MOOTTU VEEDU, THUNDATHIL,
THUNDATHIL P.O.KARIYAVATTOM.
9 VINUKUMAR P.K, R.K.V. BHAVAN, THUNDATHIL P.O.KARIYAVATTOM,
THIRUVANANTHAPURAM-695 581.
10 SATHEESH CHANDRAN B.R, SAANU, NEAR FARMERS BANK,
POTHENCODE, THIRUVANANTHAPURAM-695 584.
11 SREEDHARAN NAIR B, VADAKKATHIL VILA VEEDU (AJI VILASOM),
PULIVEEDU, POTHENCODE.
12 THANKAPPAN A, ASWATHY, ARIYOTTUKONAM, ANDOORKONAM
P.O.POTHENCODE
BY ADV P.C.SASIDHARAN
RESPONDENT/S:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
THIRUVANANTHAPURAM, OFFICE OF THE JOINT REGISTRAR OF CO-
W.P(C) NO.23826 OF 2021
2
OPERATIVE SOCIETIES (GENERAL)-695 001.
2 SRI. SHAMEER M, ENQUIRY OFFICER AND UNIT
INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR
(GENERAL), HOSING BOARD JUNCTION,
THIRUVANANTHAPURAM-695 001.
3 THE AYIROOPPARA FARMERS SERVICE CO-OPERATIVE BANK
LTD NO 2154,POTHENCODE P.O.THIRUVANANTHAPURAM-695
584, REPRESENTED BY ITS MANAGING DIRECTOR.
SR. GP SMT.SHEEJA C.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.11.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P(C) NO.23826 OF 2021
3
JUDGMENT
Proposing initiation of surcharge proceedings,
Ext P6 notice has been issued to the petitioners
under Section 68(1) of the Kerala Co-operative
Societies Act. The petitioners are being called upon
to defend the proceedings without even being served
with the copy of the report under Section 65 and the
documents referred to therein, is the grievance of
the petitioners.
2. Heard the learned counsel for the petitioners
and the learned senior Government Pleader.
3. The grievance of the petitioners will stand
redressed on they being issued with copy of the
report and the documents based on which the action
is proposed.
4. Accordingly, it is ordered that the
petitioners shall appear before the 1 st respondent
either on 15.11.2021 on 16.11.2021 at 11 a.m and
making a written request, the 1 st respondent shall
issue copies of Section 65 report and the documents.
W.P(C) NO.23826 OF 2021
The petitioners are granted time till 30.11.2021 to
submit their objections, if any. Further steps in
accordance with law shall continue thereafter.
Sd/-
SATHISH NINAN
JUDGE
vdv
W.P(C) NO.23826 OF 2021
APPENDIX OF WP(C) 23826/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO C.R.P
91) 1149/18 DATED 19.2.2018 ISSUED BY
THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE COMMON ORDER DATED
14.2.2018 ISSUED BY THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-1, ATTINGAL BY
WHICH THE BAIL APPLICATION OF THE
PERSONS, WHO PLEDGED THE FAKE GOLD
Exhibit P3 TRUE COPY OF THE REMAND REPORT
SUBMITTED BY INSPECTOR OF POLICE,
POTHENCODE BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT-1, ATTINGAL
DATED 4.2.2018
Exhibit P4 TRUE COPY OF THE ORDER DATED 29.4.2021
ISSUED BY THE ADMINISTRATIVE COMMITTEE
DISMISSING THE TWO EMPLOYEES
Exhibit P5 TRUE COPY OF THE ORDER DATED 29.4.2021
ISSUED BY THE ADMINISTRATIVE COMMITTEE
DISMISSING THE TWO EMPLOYEES
Exhibit P6 TRUE COPY OF THE NOTICE DATED
27.8.2021 ISSUED BY THE 2ND RESPONDENT
TO THE 2ND PETITIONER
Exhibit P7 TRUE COPY OF THE LETTER SENT BY THE
1ST PETITIONER TO THE 2ND RESPONDENT
DATED 16.9.2021
