The Board Of Directors Of The ... vs The Joint Registrar Of ...
2022 Latest Caselaw 4952 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
                                   &
            THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                           WA NO. 552 OF 2022
  AGAINST THE ORDER IN WP(C) 12848/2022 OF HIGH COURT OF KERALA
APPELLANTS/PETITIONERS:

    1     THE BOARD OF DIRECTORS OF THE DECENT JUNCTION SERVICE
          CO-OPERATIVE BANK LTD.NO.Q.133
          DECENT JUNCTION P.O., KOLLAM-691577, REPRESENTED BY ITS
          PRESIDENT.

    2     DECENT JUNCTION SERVICE CO-OPERATIVE BANK LTD.NO. Q.133
          DECENT JUNCTION.P.O, KOLLAM-691577, REPRESENTED BY ITS
          PRESIDENT.

          BY ADVS.
          SARANGADHARAN P.
          N.S.SHAMILA



RESPONDENTS/RESPONDENTS:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          CIVIL STATION, KOLLAM, PIN-691013.

    2     THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES(GENERAL)
          CIVIL STATION, KOLLAM, PIN-691013.

    3     THE INQUIRY OFFICER/UNIT INSPECTOR, VADAKKEVILA
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES(GENERAL), CIVIL STATION, KOLLAM, PIN-691013.

          ADV JUSTIN JACOB     SR GP


     THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04.05.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO. 552 OF 2022
                                    2



                               JUDGMENT

Devan Ramachandran,J.

The appellants impugn the interim order of

the learned Single Judge dated 26.04.2022,

whereby, the enquiry being proceeded against

them under the provisions of Section 65 of the

Kerala Co-operative Societies Act has been

permitted to be continued, provided the time

frame specified in Ext.P3 is extended.

2. The learned counsel appearing for the

appellants submits that, as is evident from

Annexure B, the Joint Registrar of the Co-

operative Societies, Kollam, has extended the

time frame retrospectively from 06.04.2022 and

that this is in error.

3. Even if we are to find any force in the

afore submissions, it is evident that its merit

cannot be assessed in this writ appeal. It is

certainly upto the appellants to challenge WA NO. 552 OF 2022

Annexure B appropriately, particularly since,

through impugned order, the learned Judge has

only permitted the continuation of enquiry

subject to the time frame being extended

statutorily.

4. To paraphrase, if the appellants have a

case that the extension granted through

Annexure B is erroneous or incompetent, then it

is for them to challenge it appositely, either

in the pending writ petition or through a fresh

proceedings.

5. This is also because, even at the time

when the impugned order was issued, Annexure B

had been brought into force by the Joint

Registrar.

6. At this time, the learned counsel for

the appellants intervened to say that the

impugned order is also bad for the reason that

it partakes the characteristics of a final

judgment. We do not propose to speak on this at WA NO. 552 OF 2022

all because all which has been done by the

learned Judge is to allow the enquiry to

continue as per law, provided the time frame

has been extended. Since Annexure B order had

been, admittedly, issued by the Joint Registrar

even at the time when the impugned order was

issued, we do not deem it necessary to answer

this question in this appeal and leave it to be

pursued by the appellants before the learned

Single Judge.

Resultantly, this writ appeal is closed

with the afore observations and clarifications.

Sd/-

DEVAN RAMACHANDRAN JUDGE

Sd/-

P.G. AJITHKUMAR JUDGE SAS WA NO. 552 OF 2022

APPENDIX OF W.A.No.552 of 2022

PETITIONER'S EXHIBITS:

ANNEXURE A TRUE COPY OF THE REPLY FILED BY THE SECRETARY-IN-CHARGE OF THE APPELLANTS TO THE 3RD RESPONDENT DATED 19-4-2022

TRUE COPY OF THE ORDER NO.CRP 854/2016 DATED ANNEXURE B 18-4-2022 OF THE 1ST RESPONDENT