K.C. Jacob vs The Joint Registrar Of ...
2023 Latest Caselaw 8897 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 25292 OF 2023
PETITIONER/S:

          K.C. JACOB, AGED 63 YEARS
          S/O T.K. CHANDY, THEKKEKKUTTU HOUSE, RUBBER BOARD.P.O,
          PUTHUPPALLY, KOTTAYAM, PIN - 686009
          BY ADVS.
          C.S.MANILAL
          S.NIDHEESH


RESPONDENT/S:

    1     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          CIVIL STATION, KOTTAYAM, PIN - 686001
    2     THE PUTHUPPALLY SERVICE CO-OPERATIVE BANK LTD NO. 1504
          , REP. BY THE SECRETARY, PUTHUPPALLY P.O.,
          KOTTAYAM, PIN - 686009
    3     THE ASSISTANT REGISTRAR(GENERAL),
          OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES, KOTTAYAM, PIN - 686001



          SMT. RESHMI THOMAS (GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25292 OF 2023             2



                                JUDGMENT

Petitioner has approached this Court, being aggrieved by

the fact that the 1st respondent has not finalisd the proceedings

based on Ext.P6 report, after considering Ext.P8 objection and

other relevant records.

2. Learned counsel appearing for the petitioner would

submit that the proceedings which led to the finalisation of

Ext.P6 report were at the instance of the petitioner, who is a

member of the 2nd respondent Society. It is submitted that

following Ext.P6 report, Ext.P7 hearing notice was issued to the

petitioner and the petitioner appeared at the hearing and also

filed Ext.P8 before the 1st respondent. It is submitted that

thereafter, no orders have been passed by the 1 st respondent in

the matter.

3. Learned Government Pleader, on instructions, would

submit that since the amounts, which were found to have been

lost to the Society, have already been remitted in full by the

employees concerned, no further action was deemed necessary

on Ext.P6 report.

4. Learned counsel appearing for the petitioner, in

reply, would submit that since following Ext.P6 report, Ext.P7

notice was issued to the petitioner and since the petitioner has

filed Ext.P8 objection and also on account of the fact that further

enquiry is contemplated by Ext.P6, it is the bounden duty of the

1st respondent to pass orders in the matter, also considering

Ext.P8 objection filed by the petitioner.

5. Having heard the learned counsel appearing for the

petitioner and the learned Government Pleader appearing for

the official respondents, I am of the view that this writ petition

can be disposed of, without notice to the 2 nd respondent. Since

the 1st respondent issued Ext.P7 notice to the petitioner,

following Ext.P6 report and since it is not disputed that the

proceedings which culminated in Ext.P6 were on the basis of

certain complaints raised by the petitioner, the 1 st respondent is

directed to pass orders in the proceedings, considering Ext.P8

objections filed by the petitioner. Since it is submitted by the

learned counsel appearing for the petitioner that both the

petitioner and the 2nd respondent have already been heard, the

1st respondent shall finalise the proceedings as directed above,

without any further hearing to the petitioner or to the 2 nd

respondent, within a period of two months from the date of

receipt of a certified copy of this judgment. It is made clear that

I have not expressed any opinion on the merits of the matter and

it will be open to the 1 st respondent to decide the matter, in

accordance with the law.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 25292/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REPORT DATED 26.2.2021 Exhibit P2 TRUE COPY OF THE NOTICE DATED 1.3.2021 Exhibit P3 TRUE COPY OF THE LETTER DATED 16.4.2021 OF THE 3RD RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER DATED 16.8.2021 OF THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT DATED 20.10.2021 Exhibit P6 TRUE COPY OF THE REPORT DATED 24.2.2022 OF THE UNIT INSPECTOR Exhibit P7 TRUE COPY OF THE HEARING NOTICE DATED 1.11.2022 Exhibit P8 TRUE COPY OF THE WRITTEN SUBMISSION OF THE PETITIONER DATED 10.11.2022 Exhibit P9 TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES OF THE HEARING DATED 10.11.2022 Exhibit P10 TRUE COPY OF THE REQUEST OF THE PETITIONER DATED 22.7.2023