Kerala High Court
The Managing Committee vs State Of Kerala on 3 April, 2024
Author: Amit Rawal
Bench: Amit Rawal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
&
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
WA NO. 487 OF 2021
AGAINST THE ORDER/JUDGMENT DATED 17.02.2021 IN WP(C) NO.15206 OF
2018 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
THE MANAGING COMMITTEE
PALA MARKETIG CO-OPERATIVE SOCIETYLIMITED NO. 4214,
P.B. NO. 33, PALA, KOTTAYAM DISTRICT,
REPRESENTED BY ITS PRESIDENT.
BY ADV P.C.SASIDHARAN
RESPONDENTS/RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
KOTTAYAM - 686 001.
3 BINDU C.K.
SPECIAL GRADE INSTRUCTOR,
KIDANGOOR UNIT INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL),
MEENACHIL, KOTTAYAM - 686 577.
4 K.C SIBY
KIZHAKKEYIL, PALA.
5 MANUAL THOMAS
KARIMPANACKAL, NEELOOR P.O., KOTTAYAM.
6 SOUMY KURUVILA @ V.K. KURUVILA
VADAKKEMURIL, ANJOOTTIMANGALAM P.O.,
PLASSANAL.
WA NO. 487 OF 2021
2
7 ANCY KURUVILA
W/O. BABY THOMAS, CHERUKUNNEL HOUSE,
RAMAPURAM BAZAR P. O.,
KOTTAYAM DISTRICT, PIN - 686 576.
BY ADVS.
T.R.HARIKUMAR
ARJUN RAGHAVAN
SR GP SRI T K VIPINDAS
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 487 OF 2021
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JUDGMENT
Amit Rawal, J.
1. The present appeal is directed against the judgment of
the Single Bench wherein the challenge laid to the proceedings
initiated under sub-section 2 of Section 68 of the Kerala Co-
operative Societies Act was not found in favour of the
appellant/petitioner.
2. The facts in brief for adjudication of the writ appeal
are enumerated as under:
The Joint Registrar by invoking the provisions of Section 65
of the Kerala Co-operative Societies Act, ordered an enquiry into
the Constitution, working and financial condition of the society.
Assistant Registrar (planning) was appointed as Enquiry Officer.
Report was submitted vide Ext.P2. On dissatisfaction, the
proceedings of surcharge were initiated under Section 68 of Co-
operative Societies Act.
3. Mr.Asharaf, learned counsel appearing on behalf of
the appellant submitted that though appeal was preferred but
that also met with the same fate, on various grounds. In fact, no
hearing or opportunity was granted at the time when the enquiry
WA NO. 487 OF 2021
was conducted by the Assistant Registrar and therefore,
proceedings under sub section 2 of Section 68 is without
jurisdiction. The learned Single Judge failed to notice the
aforementioned aspect.
4. We have heard the learned counsel for the parties and
appraised the paper book and are not in agreement with the
argument for the reason that the proposition involved has
already been taken care of by the Full Bench of this Court in Reji
K.Joshy v. Joint Registrar of Co-operative Societies [2022
(3) KLT 222]. Controversy involved is akin to the aforementioned
facts. Appellant/petitioner would have opportunity to take all
possible objections on receipt of the notice under sub- section 2
of Section 68 of the Co-operative Societies Act.
We do not find any illegality and perversity in the order of
the Single Bench. Appeal sans merit, accordingly dismissed.
Sd/-
AMIT RAWAL
JUDGE
Sd/-
EASWARAN S.
JUDGE
nak
