Prof S. Venurajan vs Joint Registrar Of Co-Operative ...
2021 Latest Caselaw 23140 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
  WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943
                       WP(C) NO. 26415 OF 2021
PETITIONER:

           PROF S. VENURAJAN,RESIDING AT PUTHENVEEDU,
           THALIKUZHI, THIRUVANANTHAPURAM, THE PRESIDENT,
           THIRUVANANTHAPURAM DSITIRCT CONSTRUCTION AND BUILDING,
           WORKERS WELFARE CO-OPERATIVE SOCIETY-T-1645, H.O.
           VENJARAMOOD, THIRUVANANTHAPURAM.

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



RESPONDENTS:

 1   JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),OFFICE OF THE
     JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES JAWAHAR SAHAKARANA
     BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM 695 012.

 2   THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,4TH FLOOR,
     REVENUE TOWER,NEDUMANGAD TOWN,THIRUVANANTHAPURAM 695 541.

 3   THE ENQUIRY OFFICER TO THIRUVANANTHAPURAM
     DISTRICT CONSTRUCTION AND BUILDING WORKERS WELFARE CO-
     OPERATIVE SOCIETY -T-1645, OFFICE OF THE ASSISTANT REGISTRAR
     OF CO -OPERATIVE SOCIETIES (G), 4TH FLOOR, REVENUE TOWER,
     NEDUMANGAD TOWN, THIRUVANANTHAPURAM 695 541.

     SR. GP SRI. BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.26415 OF 2021
                                       2



                              JUDGMENT

The petitioner is the President of the

Thiruvananthapuram District Construction and

Building Workers Welfare Co-operative Society.

Pursuant to an inspection under Section 66 of the

Co-operative Societies Act(for short, 'the Act'),

notice has been issued in terms of Section 32 of the

Act calling for objections against steps for

supersession of the committee.

2. Explanations have been sought for even

without making available copy of the documents

relied on in the Section 66 report, is the immediate

grievance of the petitioner. The petitioner further

apprehends that the objections will not be

considered.

3. Heard the learned counsel for the petitioner

and the learned senior Government Pleader.

4. After hearing the learned counsel for the

parties it is ordered that, the petitioner shall

appear before the 1st respondent at 11 a.m on W.P(C) NO.26415 OF 2021

01.12.2021. On such appearance, the petitioner shall

be served with copies of the documents referred to

in the Section 66 report. After providing copies as

afore, two weeks time shall be granted to the

petitioner to submit objections/explanations.

Thereafter, the proceedings shall be taken to a

logical conclusion after affording an opportunity of

hearing to the petitioner. There is no reason to

assume that the contentions/objections of the

petitioner against the report, will not be

considered and dealt with by the authority.

Writ petition disposed of as above.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.26415 OF 2021

APPENDIX OF WP(C) 26415/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE ORDER DATED 23.06.2021 OF THE SECOND RESPONDENT.

Exhibit P2 A TRUE COPY OF THE ORDER DATED 20.09.2021 OF THE SECOND RESPONDENT.

Exhibit P3 A TRUE COPY OF THE ENQUIRY REPROT DATED 13.10.2021 OF THE THIRD RESPONDENT.

Exhibit P4 A TRUE COPY OF THE LETTER DATED 08.1.2021 OF THE THIRD RESPONDENT.

Exhibit P5 A TRUE COPY OF THE PETITION DATED 18.11.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.

Exhibit P5A A TRUE COPY OF THE PETITION DATE 22.11.2021 OF THE PETITIONER SUBMITTED BEFORE THE FIRST RESPONDENT.

Exhibit P6 A TRUE COPY OF THE JUDGMENT AS REPORTED IN 2207 (1) KLT 88 (SC).

Exhibit P7 A TRUE COPY OF THE ORDER DATED 31.05.2021 IN W.A. NO. 1751/2020.