Kerala High Court
The Managing Committee Of ... vs Joint Registrar Of Co-Operative ... on 27 October, 2023
WP(C) No.34234/2023 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Friday, the 27th day of October 2023 / 5th Karthika, 1945
WP(C) NO. 34234 OF 2023(D)
PETITIONERS:
1. THE MANAGING COMMITTEE OF NEDUMANGAD TALUK MOTOR TRANSPORT CO-
OPERATIVE SOCIETY LTD., NO.T.1075, VITHURA P.O, THIRUVANANTHAPURAM,
REPRESENTED BY ITS PRESIDENT, C.S.VIDHYA SAGAR, S/O
SHANMUGHANPILLAI, RESIDING ISWARYA, CHENNANPARA, VITHURA,
THIRUVANANTHAPURAM, PIN - 695 551
2. NEDUMANGAD TALUK MOTOR TRANSPORT CO-OPERATIVE SOCIETY LTD., VITHURA
P.O, THIRUVANANTHAPURAM, NAME NIKHIL VISHNU.U, VISHNU BHAVAN,
CHAYAM P.O, VITHURA, THIRUVANANTHAPURAM, PIN - 695555
RESPONDENTS:
1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN,
POOJAPPURA, THIRUVANANTHAPURAM, PIN - 695012
2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), NEDUMANGAD,
THIRUVANANTHAPURAM, PIN - 695541
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay of all further proceedings pursuant to Ext.P4, pending
disposal of the Writ Petition.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S.P.N.MOHANAN, AMRUTHA SURESH, C.P.SABARI & GILROY ROZARIO, Advocates
for the petitioners and of GOVERNMENT PLEADER for respondents, the court
passed the following:
WP(C) No.34234/2023 2/5
N.NAGARESH, J.
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W.P.(C) No.34234 of 2023
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Dated this the 27th day of October, 2023
ORDER
The petitioners challenge Ext.P4 notice issued under
Section 32(1) of the Kerala Co-operative Societies Act (for
short 'the Act').
2. It is evident that an inspection was conducted in
respect of the affairs of the Society under Section 66 of the
Act and it is based on a report of inspection that Section 32
proceedings have been initiated. The petitioners would urge
that no opportunity was given as contemplated under Section
66(5) of the Act to cure the defects which were divulged in
the enquiry. Without giving an opportunity to cure the defects,
the respondents will not be justified in straight away resorting
to Section 32 of the Act.
3. The Government Pleader resisted the writ petition
and submitted that a Division Bench of this Court in the
judgment in Thuravoor Service Co-operative Bank Ltd.
No.E69 v. Joint Registrar of Co-operative Societies,
WP(C) No.34234/2023 3/5
W.P.(C) No.34234 of 2023
..2..
Ernakulam [2022 (1) KHC 653] has held that a proceedings
under Section 32 of the Act can be initiated on the basis of a
report of inspection under Section 66(2) of the Act, provided
there are materials sufficient therein for the Registrar to arrive
at the subjective satisfaction as to the existence or otherwise
of any of the grounds specified in clauses (a) to (d) of sub
section (1) of Section 32. Therefore, the proceedings initiated
under Section 32 are amply justified.
4. Going through the judgment of this Court in
Thuravoor Service Co-operative Bank Ltd. No.E69 (supra),
it is evident that if the Registrar is satisfied about the existence
of any one or more of the jurisdictional grounds specified in
clauses (a) to (d) of sub section (1) of Section 32, based on
materials disclosing existence of the said jurisdictional facts,
proceedings can be initiated under Section 32.
In the facts and circumstances of the case, whether
Ext.P4 discloses existence of such materials is a matter to be
examined.
WP(C) No.34234/2023 4/5
W.P.(C) No.34234 of 2023
..3..
Admit.
Government Pleader takes notice for the respondents.
There will be an interim order staying the operation of
Ext.P4 for a period of one month.
Sd/-
N.NAGARESH, JUDGE
AS
27-10-2023 /True Copy/ Assistant Registrar
WP(C) No.34234/2023 5/5
APPENDIX OF WP(C) 34234/2023
Exhibit P4 A TRUE COPY OF THE NOTICE DATED 23.09.2023 OF THE JOINT
REGISTRAR
27-10-2023 /True Copy/ Assistant Registrar
