The Board Of Directors Of The Decent ... vs The Joint Registrar Of Co-Operative ...
2025 Latest Caselaw 11639 Ker

Kerala High Court

The Board Of Directors Of The Decent ... vs The Joint Registrar Of Co-Operative ... on 1 December, 2025

                                                            2025:KER:92499
W\.P (C) Nos.12848, 15581,
40186/2022 & 1261/2023                -1-

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR. JUSTICE GOPINATH P.

    MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947

                             WP(C) NO. 12848 OF 2022

PETITIONER/S:

      1       THE BOARD OF DIRECTORS OF THE DECENT JUNCTION SERVICE
              CO-OPERATIVE BANK LTD.NO. 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.
              SRI.B.S.SWATHI KUMAR
              SMT.ANITHA RAVINDRAN
              SRI.HARISANKAR N UNNI
              SMT.VINEETHA BOSE

RESPONDENT/S:

      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.

              BY ADVS.
              SRI. C.S. SHEEJA, SR. GOVERNMENT PLEADER
                                                     2025:KER:92499
W\.P (C) Nos.12848, 15581,
40186/2022 & 1261/2023         -2-

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2022, ALONG WITH WP(C).1261/2023, 15581/2022 AND CONNECTED
CASES, THE COURT ON 01.12.2025 DELIVERED THE FOLLOWING:
                                                             2025:KER:92499
W\.P (C) Nos.12848, 15581,
40186/2022 & 1261/2023                -3-


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR. JUSTICE GOPINATH P.

    MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947

                             WP(C) NO. 15581 OF 2022

PETITIONER/S:

      1       THE BOARD OF DIRECTORS OF THE DECENT JUNCTION SERVICE
              CO-OPERATIVE BANK LTD. NO. Q.133,
              CO-OPERATIVE BANK LTD NO. Q.133, DECENT JUNCTION P.O.,
              KOLLAM 691 577. REPRESENTED BY ITS PRESIDENT.

      2       DECENT JUNCTION SERVICE CO-OPERATIVE BANK LTD NO.
              Q.133,
              KOLLAM 691 577, REPRESENTED BY ITS PRESIDENT.

              BY ADVS.
              SRI.B.S.SWATHI KUMAR
              SMT.ANITHA RAVINDRAN
              SRI.HARISANKAR N UNNI
              SMT.VINEETHA BOSE


RESPONDENT/S:

      1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
              (GENERAL),
              CIVIL STATION , KOLLAM 691 013.

      2       THE ASSISTANT REGISTRAR OF CO - OPERATIVE,
              SOCIETIES (GENERAL), CIVIL STATION, KOLLAM 691 013.

      3       THE INQUIRY OFFICER/ UNIT INSPECTOR,
              VADAKKEVILA, OFFICE OF THE ASSISTANT REGISTRAR OF CO-
              OPERATIVE SOCIETIES, (GENERAL), CIVIL STATION, KOLLAM
              691 013.

              BY ADVS.
              SRI. C.S. SHEEJA, SR. GOVERNMENT PLEADER
                                                    2025:KER:92499
W\.P (C) Nos.12848, 15581,
40186/2022 & 1261/2023         -4-

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.05.2022, ALONG WITH WP(C).12848/2022 AND CONNECTED CASES, THE
COURT ON 01.12.2025 DELIVERED THE FOLLOWING:
                                                             2025:KER:92499
W\.P (C) Nos.12848, 15581,
40186/2022 & 1261/2023                -5-


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                   THE HONOURABLE MR. JUSTICE GOPINATH P.

    MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947

                             WP(C) NO. 40186 OF 2022

PETITIONER/S:

      1       THE PRESIDENT, DECENT JUNCTION SERVICE CO-OPERATIVE
              BANK LTD. NO. Q.133,
              DECENT JUNCTION. P.O., KOLLAM- 691 577.

      2       DECENT JUNCTION SERVICE CO-OPERATIVE BANK LTD. NO.
              Q.133,
              DECENT JUNCTION.P.O., KOLLAM 691 577 REPRESENTED BY ITS
              PRESIDENT.

              BY ADVS.
              SRI.B.S.SWATHI KUMAR
              SMT.ANITHA RAVINDRAN
              SRI.HARISANKAR N UNNI
              SMT.VINEETHA BOSE

RESPONDENT/S:

      1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
              (GENERAL),
              CIVIL STATION, KOLLAM. PIN 691 013.

      2       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
              (GENERAL),
              CIVIL STATION, KOLLAM, PIN 691 013.

      3       THE INQUIRY OFFICER/ UNIT INSPECTOR, VADAKKEVILA,
              OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
              SOCIETIES (GENERAL), CIVIL STATION, KOLLAM. PIN 691
              013.

              BY ADVS.
              SRI. C.S. SHEEJA, SR. GOVERNMENT PLEADER
                                                    2025:KER:92499
W\.P (C) Nos.12848, 15581,
40186/2022 & 1261/2023         -6-

       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.12.2022, ALONG WITH WP(C).12848/2022 AND CONNECTED CASES, THE
COURT ON 01.12.2025 DELIVERED THE FOLLOWING:
                                                             2025:KER:92499
W\.P (C) Nos.12848, 15581,
40186/2022 & 1261/2023                -7-

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                   THE HONOURABLE MR. JUSTICE GOPINATH P.

    MONDAY, THE 1ST DAY OF DECEMBER 2025 / 10TH AGRAHAYANA, 1947

                             WP(C) NO. 1261 OF 2023
PETITIONER/S:

      1       THE PRESIDENT, DECENT JUNCTION SERVICE CO-OPERATIVE
              BANK LTD.NO. Q. 133
              DECENT JUNCTION.P.O., KOLLAM ,, PIN - 691577

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

              BY ADVS.
              SRI.B.S.SWATHI KUMAR
              SMT.ANITHA RAVINDRAN
              SRI.HARISANKAR N UNNI
              SMT.SAMYUKTHA NAIR
              SHRI.SARANGADHARAN P.

RESPONDENT/S:

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

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

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

              BY ADVS.
              SRI. C.S. SHEEJA, SR. GOVERNMENT PLEADER
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.01.2023, ALONG WITH WP(C).12848/2022 AND CONNECTED CASES, THE
COURT ON 01.12.2025 DELIVERED THE FOLLOWING:
                                                                2025:KER:92499
W\.P (C) Nos.12848, 15581,
40186/2022 & 1261/2023                -8-

                               JUDGMENT

These writ petitions have been filed challenging the initiation and/or

the conclusion of proceedings under Section 65 of the Kerala Co-operative

Societies Act, 1969 (hereinafter referred to as 'the 1969 Act). The petitioners

allege that enquiry was completed beyond the time specified and that the

orders extending the time limit for completion of enquiry were issued after

the time specified had already expired. According to the petitioners such

extension of time after the initial period fixed for completion of the enquiry

had expired cannot be sustained in law.

2. The learned Senior Government Pleader pointed that in the light of

law laid down by the Full Bench of this court in Kudayathoor Service Co-

operative Bank Ltd. v. Joint Registrar of Co-operative Societies

(General); 2022 (3) KLT 222 (FB) the cause of action for the petitioners

to challenge the report prepared under Section 65 of the 1969 Act arises only

when further action is taken on the basis of report either under Section 32 or

under Section 68 of the 1969 Act. It is also pointed out that the question as to

whether time for completion of enquiry can be extended after the initial

period fixed for enquiry with retrospective effect has also been considered by

this court in Managing Committee of Vellamunda Service Co-

operative Bank Ltd.C-530 and another v. Joint Registrar of Co-

operative Societies (General), Wayanadu and another; 2021 (5) 2025:KER:92499 W\.P (C) Nos.12848, 15581,

KHC 448. It is submitted that the judgment of the learned Single Judge in

Vellamunda Service Co-operative Bank (supra) was upheld by the

Division Bench in WA No.1296/2021.

3. The learned counsel for the petitioners would submit that the issue

relating to extension of time was considered by the Supreme Court in

Bharat Sanchar Nigam Ltd., TATA Communications Ltd., etc;

2022 KHC 7003 (SC).

4. Having heard the learned counsel for the petitioners and the learned

Senior Government Pleader, I am of the opinion that in the light of the law

laid down by the Full Bench in Kudayathoor Service Co-operative

Bank Ltd., (supra), the petitioners can challenge proceedings initiated

under Section 65 of the 1969 Act only if and when further action is taken

against the petitioner in terms of the provisions contained in Section 32 or

under Section 68 of the 1969 Act.

Accordingly these writ petitions are closed. All contentions raised by

either side are left open for consideration by the competent authority as and

when proceedings are initiated against the petitioners either under Section 32

or under Section 68 of the 1969 Act.

Sd/-

GOPINATH P. JUDGE AMG 2025:KER:92499 W\.P (C) Nos.12848, 15581,

APPENDIX OF WP(C) NO. 12848 OF 2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO.CRP 854/2016 DATED 21-6-2021 OF THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO.CRP 854/2016 DATED 12-11-2021 OF THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO.CRP 854/2016 DATED 7-12-2021 OF THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF THE NOTICE NO.V.1259/21 DATED 19.2.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE REPLY DATED 26.02.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE NOTICE NO.V.1259/21 DATED 14.3.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P7 TRUE COPY OF THE REPLY DATED 22.3.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P8 TRUE COPY OF THE NOTICE NO.V.1259/21 DATED 25.3.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P9 TRUE COPY OF THE REPLY DATED 2.4.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P10 TRUE COPY OF THE NOTICE NO.C.1259/21 DATED 30-3-2022 ISSUED BY THE 3RD RESPONDENT Exhibit P11 TRUE COPY OF THE REPLY DATED 4-4-2022 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE NOTICE NO.1259/21 DATED 5-4- 2022 ISSUED BY THE 3RD RESPONDENT.

2025:KER:92499 W\.P (C) Nos.12848, 15581,

APPENDIX OF WP(C) NO. 15581 OF 2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 21.6.2021 OF THE IST RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 12.11.2021 OF THE IST RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 7.12.2021 OF THE IST RESPONDENT.

Exhibit P4 TRUE COPY OF THE NOTICE NO. V, 1259/21 DATED 19.2.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE REPLY DATED 26.2.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P6 TRUE COPY OF THE NOTICE NO. V. 1259/21 DATED 14.3.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P7 TRUE COPY OF THE REPLY DATED 22.3.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P8 TRUE COPY OF THE NOTICE NO. V. 1259/21 DATED 25.03.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P9 TRUE COPY OF THE REPLY DATED 2.4.2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P10 TRUE COPY OF THE NOTICE NO. V 1259/21 DATED 30.03.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P11 TRUE COPY OF THE REPLY DATED 4.4.2022 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE SUMMONS NO. V. 1259/1 DATED 5.4.2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P13 TRUE COPY OF THE ORDER IN WPC NO. 12848/2022 DATED 26.4.2022.

Exhibit P14 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 18.4.2022 OF THE IST RESPONDENT.

Exhibit P15 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 18.4.2022 OF THE IST RESPONDENT.

2025:KER:92499 W\.P (C) Nos.12848, 15581,

APPENDIX OF WP(C) NO. 40186 OF 2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 21-6-2021 OF THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 12-11-2021 OF THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 7-12-2021 OF THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE NOTICE NO. V.1259/21 DATED 19-2-2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P5 TRUE COPY OF THE REPLY DATED 26-2-2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P6 TRUE COPY OF THE NOTICE NO. V.1259/21 DATED 14-3-2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P7 TRUE COPY OF THE REPLY DATED 22-3-2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P8 TRUE COPY OF THE NOTICE NO. V.1259/21 DATED 25-3-2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P9 TRUE COPY OF THE REPLY DATED 2-4-2022 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. Exhibit P10 TRUE COPY OF THE NOTICE NO. V.1259/21 DATED 30-3-2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P11 TRUE COPY OF THE REPLY DATED 4-4-2022 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE SUMMONS NO. V.1259/21 DATED 5-4-2022 ISSUED BY THE 3RD RESPONDENT. Exhibit P13 TRUE COPY OF THE ORDER IN W.P.(C)NO.

12848/2022 DATED 26-4-2022.

Exhibit P14 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 18-4-2022 OF THE 1ST RESPONDENT.

Exhibit P15 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 18-4-2022 OF THE 1ST RESPONDENT.

Exhibit P16 TRUE COPY OF THE ORDER IN W.P.(C)NO.

15581/2022 DATED 10-5-2022.

Exhibit P17 TRUE COPY OF THE NOTICE NO.

JRGKLM/3325/2022CRP DATED 2-12-2022 OF THE 1ST RESPONDENT.

2025:KER:92499 W\.P (C) Nos.12848, 15581,

APPENDIX OF WP(C) NO. 1261 OF 2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 21-6- 2021 OF THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE ORDER NO. CRP 854/2016/K.DIS DATED 15-9-2021 OF THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 12- 11-2021 OF THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NO. CRP 854/2017 DATED 7-12- 2021 OF THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE NOTICE NO. V.1259/21 DATED 14-3- 2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P6 TRUE COPY OF THE REPLY DATED 22-3-2022 FILED BEFORE THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE NOTICE NO. V.1259/21 DATED 30-3- 2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE SUMMONS NO. V.1259/21 DATED 5-4- 2022 ISSUED BY THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE ORDER IN W.P.(C)NO. 12848/2022 DATED 26-4-2022 Exhibit P10 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 18-4- 2022 OF THE 1ST RESPONDENT.

Exhibit P11 TRUE COPY OF THE ORDER NO. CRP 854/2016 DATED 18-4- 2022 OF THE 1ST RESPONDENT.

Exhibit P12 TRUE COPY OF THE ORDER IN W.P.(C)NO. 15581/2022 DATED 10-5-2022 Exhibit P13 TRUE COPY OF THE NOTICE NO. JRGKLM/3325/2022-CRP DATED 2-12-2022 OF THE 1ST RESPONDENT. Exhibit P14 TRUE COPY OF THE ORDER IN W.P.(C)NO. 40186/2022 DATED 13-12-2022 Exhibit P15 TRUE COPY OF THE REPORT UNDER SECTION 65 OF THE CO-

OPERATIVE SOCIETIES ACT SUBMITTED BY THE 3RD RESPONDENT DATED 5-5-2022 Exhibit P16 TRUE COPY OF THE REPRESENTATION DATED 2-4-2022 SUBMITTED BEFORE THE 3RD RESPONDENT. Exhibit P17 TRUE COPY OF THE REQUEST DATED 4-4-2022 SUBMITTED BEFORE THE 3RD RESPONDENT.