Kerala High Court
Ajithkumar P.V vs State Of Kerala on 22 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:78428
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 35983 OF 2024
PETITIONER:
AJITHKUMAR P.V.
AGED 57 YEARS
S/O UNNI P.V., PANIKASSERI HOUSE,
KIZHAKKUMPURAM, CHENDAMANGALAM P.O.,
ERNAKULAM DISTRICT., PIN - 683512
BY ADVS.
EBIN MATHEW
P.J.MATHEW
AKHILA SHOJI
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
CO-OPERATIVE DEPARTMENT,
GOVERNMENT SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 682031
2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)
OFFICE OF JOINT REGISTRAR,
KAKKANAD, ERNAKULAM-, PIN - 682030
3 ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL)
NORTH PARAVOOR, ERNAKULAM DISTRICT, PIN - 683513
2024:KER:78428
WP(C) No.35983 of 2024
2
4 CHENDAMANGALAM SERVICE CO-OPERATIVE SOCIETY LTD
NO 132, CHENDAMANGALAM P.O.,
CHENDAMANGALAM,ERNAKULAM DISTRICT
REPRESENTED BY ITS SECRETARY, PIN - 683512
5 MANAGING COMMITTEE.
CHENDAMANGALAM SERVICE CO-OPERATIVE SOCIETY LTD
NO 132,CHENDAMANGALAM P.O.,
CHENDAMANGALAM,ERNAKULAM DISTRICT
REPRESENTED BY ITS PRESIDENT, PIN - 683512
6 JAIBY JOY
ASSISTANT SECRETARY,
CHENDAMANGALAM SERVICE CO-OPERATIVE SOCIETY LTD
NO 132,CHENDAMANGALAM P.O.,CHENDAMANGALAM,
ERNAKULAM DISTRICT-, PIN - 683512
7 AJITHA C C
BRANCH MANAGER, CHENDAMANGALAM SERVICE CO-
OPERATIVE SOCIETY LTD NO 132,
CHENDAMANGALAM P.O.,CHENDAMANGALAM,
ERNAKULAM DISTRICT-, PIN - 683512
8 PAUL LOUIS
ATTENDER, CHENDAMANGALAM SERVICE CO-OPERATIVE
SOCIETY LTD NO 132,CHENDAMANGALAM P.O.,
CHENDAMANGALAM,ERNAKULAM DISTRICT-, PIN - 683512
9 HARIDAS A.K.
ATTENDER, CHENDAMANGALAM SERVICE CO-OPERATIVE
SOCIETY LTD NO 132,CHENDAMANGALAM P.O.,
CHENDAMANGALAM,ERNAKULAM DISTRICT-, PIN - 683512
10 SUDHI V.S
DRIVER, CHENDAMANGALAM SERVICE CO-OPERATIVE
SOCIETY LTD NO 132,CHENDAMANGALAM P.O.,
CHENDAMANGALAM,ERNAKULAM DISTRICT-, PIN - 683512
2024:KER:78428
WP(C) No.35983 of 2024
3
11 SREELAKSHMI V.S
BRANCH MANAGER, CHENDAMANGALAM SERVICE CO-
OPERATIVE SOCIETY LTD NO 132,
CHENDAMANGALAM P.O.,CHENDAMANGALAM,
ERNAKULAM DISTRICT-, PIN - 683512
12 RAJESWARI P.V.
ACCOUNTANT, CHENDAMANGALAM SERVICE CO-OPERATIVE
SOCIETY LTD NO 132,CHENDAMANGALAM P.O.,
CHENDAMANGALAM,ERNAKULAM DISTRICT-, PIN - 683512
13 SHIJI P.K.
BRANCH MANAGER, CHENDAMANGALAM SERVICE CO-
OPERATIVE SOCIETY LTD NO 132,
CHENDAMANGALAM P.O.,CHENDAMANGALAM,
ERNAKULAM DISTRICT-, PIN - 683512
14 NIVIN MILTON
JUNIOR CLERK, CHENDAMANGALAM SERVICE CO-OPERATIVE
SOCIETY LTD NO 132,CHENDAMANGALAM P.O.,
CHENDAMANGALAM,ERNAKULAM DISTRICT-, PIN - 683512
BY ADV.
SMT.RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2024:KER:78428
WP(C) No.35983 of 2024
4
JUDGMENT
Dated this the 22nd day of October, 2024
The petitioner is a member of the 4th respondent-
Society. The petitioner has filed this writ petition seeking to
direct the 2nd respondent-Joint Registrar to take up and pass
orders on Ext.P6 complaint filed by the petitioner to initiate
appropriate proceedings under the Kerala Co-operative
Societies Act and Rules.
2. The petitioner states that the 4th respondent-
Society was running at profit. Some members of the Managing
Committee with the help of some employees colluded and
misappropriated money from the Society. One Managing
Committee member filed a complaint in this regard before the
Joint Registrar. Section 65 enquiry was conducted, which
resulted in Section 68 surcharge proceedings. The surcharge
proceedings are progressing.
2024:KER:78428
3. The petitioner states that certain employees of
the Society were actively involved in the fraud and
misappropriation. The petitioner therefore filed a complaint
before the Joint Registrar seeking to invoke powers under
Sections 66A and 66B and to initiate action against the
employees, who were involved in various financial and other
misappropriations. The respondents are not taking any action
thereon. It is in such circumstances that the petitioner has filed
this writ petition.
4. Government Pleader, on instructions, submits
that Ext.P6 complaint addressed to the Joint Registrar of the
Co-operative Societies, was received by the Joint Registrar.
The Joint Registrar has forwarded the complaint to the
3rd respondent for necessary enquiries in the matter. Therefore,
no further orders are required in this writ petition.
5. Heard.
6. As the petitioner's representation seeking
enquiry against the employees has been received by the Joint
2024:KER:78428
Registrar and since the Joint Registrar has forwarded the same
to the Assistant Registrar for further steps, I am of the view that
the writ petition can be disposed of with the following directions.
7. The 2nd respondent is directed to make
necessary enquiries on Ext.P6 complaint filed by the petitioner
and take appropriate decision / make appropriate
recommendation thereon in accordance with law. While
conducting the enquiry, an opportunity of hearing should be
granted to the petitioner. The petitioner is directed to serve a
copy of the judgment on the Assistant Registrar / Joint
Registrar.
The writ petition is ordered accordingly.
Sd/-
N.NAGARESH
JUDGE
spk
2024:KER:78428
APPENDIX OF WP(C) 35983/2024
PETITIONER EXHIBITS
Exhibit P-1 A TRUE COPY OF THE S.65 ENQUIRY REPORT
DATED 08/07/2022
Exhibit P-2 A TRUE COPY OF THE LETTER DATED
06/02/2024 ISSUED BY THE ASSISTANT
REGISTRAR(GENERAL) TO THE SECRETARY OF
THE 4TH RESPONDENT
Exhibit P-3 A TRUE COPY OF THE LETTER DATED
20/02/2024 ISSUED BY THE JOINT
REGISTRAR(GENERAL) TO THE
PRESIDENT/SECRETARY OF THE 4TH
RESPONDENT BANK
Exhibit P-4 A TRUE COPY OF THE LETTER DATED
04/09/2023 ISSUED BY THE JOINT
REGISTRAR(GENERAL),ERNAKULAM TO THE
SECRETARY OF THE 4TH RESPONDENT
Exhibit P-5 A TRUE COPY OF THE COMPLAINT DATED
27/08/2024 FILED BY THE PETITIONER
BEFORE THE MANAGING COMMITTEE OF THE
4TH RESPONDENT
Exhibit P-6 A TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER DATED
02/09/2024 BEFORE THE JOINT
REGISTRAR(GENERAL)
