Kerala High Court
B.Krishnamoorthy vs The Assistant Registrar Of ... on 18 July, 2025
Author: K. Babu
Bench: K. Babu
2025:KER:53739
W.P (C) No.26381 of 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 18TH DAY OF JULY 2025 / 27TH ASHADHA, 1947
WP(C) NO. 26381 OF 2025
PETITIONERS:
1 B.KRISHNAMOORTHY,
AGED 65 YEARS,
S/O.BALASUBRAMANIAN, 209, SIVARANJINI,
HARINAGAR, POONKUNNAM,
THRISSUR DISTRICT, PIN - 680002
2 P.L.LAWRENCE,
AGED 61 YEARS,
S/O.LONAPPAN, PERAMANGALAM HOUSE,
PURANATTUKARA, THRISSUR DISTRICT,
PIN - 680551
3 K.KALLIANIKUTTY,
AGED 81 YEARS,
D/O.NARAYANA MENON, KORAPPARA HOUSE,
SREEVALSAM, JAWAHAR ROAD, PALISSERY,
PALAKKAL, THRISSUR DISTRICT, PIN - 680027
4 C.V.GEORGE,
AGED 78 YEARS,
S/O.VAREED, CHITTILAPPILLY HOUSE,
CHALISSERY STREET, KURIACHIRA,
THRISSUR DISTRICT, PIN - 680006
5 JAIKRISHNAN NAIR G,
AGED 59 YEARS,
S/O R.GOPALAKRISHNAN NAIR, THIRUVATHIRA,
KURUPPATH HOUSE, KAITHACHAL ROAD, KOLAZHY P.O.,
THRISSUR DISTRICT, PIN - 680018
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W.P (C) No.26381 of 2025
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6 VIJAYAN K,
AGED 57 YEARS,
S/O.VENUGOPALAN, KANJIRAPARAMBATH VEEDU,
CHEMBUTHRA, PATTIKKAD P.O.,
THRISSUR DISTRICT, PIN - 680652
7 K.S.VINOD,
AGED 44 YEARS,
S/O.K.SUBRAMANIAN, KARUMARU VEEDU,
KARUMATHRA P.O., THRISSUR DISTRICT,
PIN - 680589
8 K.DINESH KUMAR,
AGED 63 YEARS,
S/O.LATE GOPALA MENON K., KARUMATHIL HOUSE,
KUNNAMKULAM P.O.,
THRISSUR DISTRICT, PIN - 680503
9 P.L.THOMAS,
AGED 73 YEARS,
S/O.LAZAR, PALAYOOR HOUSE, CHOWANNUR P.O.,
THRISSUR DISTRICT, PIN - 680517
10 I.UNNIKRISHNAN,
AGED 54 YEARS,
S/O.BALAN NAIR, IDICHIRAM VEETTIL, MULAYAM,
AYYAPPANKAVU P.O.,
THRISSUR DISTRICT, PIN - 680751
11 P.JAYACHANDRAN,
AGED 72 YEARS,
S/O.A.P.NAIR, SOWPARNIKA, PADUKKAD,
VIYYUR P.O., THRISSUR DISTRICT,
PIN - 680010
12 CHANDRIKA J,
AGED 66 YEARS,
D/O.V.P.JAYANTHAN, CHANDANA, KGRA-15,
KALPAKA GARDENS, POONKUNNAM,
THRISSUR DISTRICT, PIN - 680002
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W.P (C) No.26381 of 2025
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13 P.R.GIRIJA,
AGED 65 YEARS,
D/O.P.A.RAMAN, ILLAM, VADOOKARA P.O.,
KOORKANCHERRY, THRISSUR DISTRICT,
PIN - 680007
14 P.SREEDEVI,
AGED 64 YEARS,
D/O.NARAYANAN NAIR, SREEKOVIL, PLOT NO.120,
THIRUVAMBADI P.O.,
THRISSUR DISTRICT, PIN - 680022
15 LEELA N,
AGED 65 YEARS,
D/O.NARAYANAN, MANIYOOR BUNGLAW,
MANNATH LANE, THRISSUR DISTRICT,
PIN - 680001
16 P.K.ARAVINDAKSHAN,
AGED 61 YEARS,
S/O.KOCHUVELANDY, PARAMBATH VEEDU,
ALAGAPPANAGAR P.O., KAIRALI NAGAR,
ERIPPODE, THRISSUR DISTRICT, PIN - 680302
17 A.BHASKARAN,
AGED 77 YEARS,
S/O.C.NARAYANAN NAIR,
AMMATH HOUSE, KUTTOOR,
THRISSUR DISTRICT, PIN - 680013
18 M.A.RAVI,
AGED 68 YEARS,
S/O.AYYAPPAN M.S, MUTHUVARA VEEDU,
MUTHUVARA P.O.,
THRISSUR DISTRICT, PIN - 680553
19 K.K.BHARATHAN,
AGED 67 YEARS
S/O.K.R.KRISHNANKUTTY,
KARATHUPARAMBIL VEEDU, POONKUNNAM,
THRISSUR DISTRICT,
PIN - 680002
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W.P (C) No.26381 of 2025
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20 JOSY P. JOHN,
AGED 68 YEARS,
S/O.P.J.JOHN, PUTHURKKARA VEEDU,
KALATHODE, OLLUKKARA P.O.,
THRISSUR DISTRICT,
PIN - 680655
21 KARUNAN M,
AGED 67 YEARS,
S/O.KELAPPAN,
AABHIJATHYAM, M.G.KAVU,
THRISSUR DISTRICT, PIN - 680581
BY ADVS.
SRI.ARJUN RAGHAVAN
SHRI.T.R.HARIKUMAR
SMT.POOJA PANKAJ
RESPONDENTS:
1 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THRISSUR
OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
SAHAKARANA BHAVAN,
AYYANTHOLE P.O.,
THRISSUR DISTRICT,
PIN - 680003
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), THRISSUR,
OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
SAHAKARANA BHAVAN,
AYYANTHOLE P.O,
THRISSUR DISTRICT,
PIN - 680003
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W.P (C) No.26381 of 2025
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3 SBI STAFF CO-OPERATIVE SOCIETY LTD NO.R.345
REPRESENTED BY ITS SECRETARY-IN-CHARGE,
POTTAKAD BUILDING,
THIRD FLOOR, EAST ROUND,
THRISSUR DISTRICT,
PIN - 680001
ADV
SMT.RESMI THOMAS, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.07.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P (C) No.26381 of 2025
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K.BABU, J.
--------------------------------------
W.P (C) No.26381 of 2025
---------------------------------------
Dated this the 18th day of July, 2025
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:
"i. to issue a writ of certiorari or any other appropriate
order or direction calling for the records leading to
the issuance of Exhibits-P6, P7 and P9 and quash the
same;
ii. to declare that the Exhibit-P6 report under Section
65 is legally invalid and cannot be acted upon, as it is
prepared in violation of Section 65(5) of the Kerala
Co-operative Societies Act, and in violation of Rule 66
of Kerala Co-operative Societies Rules;
iii. to declare that Exhibit-P7 report is legally invalid and
cannot be acted upon as it falls short of statutory
compliances mandated under Rule 66 of the Kerala
Co-operative Societies Rules;
iv. to issue a writ of mandamus or any other appropriate
writ, order or direction, directing respondents 1 and 2
to dispose off ARC No.241 of 2024, within a time
frame fixed by this Hon'ble Court;
v. to dispense with filing of the translation of
vernacular documents;
and
vi. to grant such other relief's as this Honourable Court
may deem fit in the circumstances of this case."
2. The learned counsel for the petitioners challenges Ext.P9
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order passed under Section 68(2) of the Kerala Co-operative
Societies Act on the ground that, there is gross violation of the
principles of natural justice in the proceedings. The learned counsel
for the petitioners, therefore, prayed for a stay of any coercive
proceedings pursuant to Ext.P9.
3. The learned Government Pleader vehemently opposed the
maintainability of the writ petition, contending that the statutory
remedy of appeal under Section 83(1)(e) of the Kerala Co-operative
Societies Act has not been exhausted.
4. Having regard to the submissions made, this Court is of
the view that, the petitioners are to be relegated to invoke the
statutory remedy of appeal. The petitioners are granted one
month's time from this date to prefer the statutory appeal. It is
made clear that the petitioners are at liberty to prefer an appeal
beyond the period of limitation. In view of the materials highlighted
citing violation of the principles of natural justice, if an appeal is
preferred along with a stay petition before the appellate authority,
any coercive steps that may be initiated against the petitioners
2025:KER:53739
shall stand deferred until a decision is taken on the stay petition.
During the pendency of the appeal, the petitioners' assets shall not
be alienated or encumbered.
The Writ Petition is disposed of as above.
Sd/-
K.BABU,
JUDGE
KAS
2025:KER:53739
APPENDIX OF WP(C) 26381/2025
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE PLAINT DATED 31-05-
2024 IN ARC NO.241 OF 2024 FILED BEFORE
THE 2ND RESPONDENT
Exhibit-P2 A TRUE COPY OF THE ATTACHMENT
APPLICATION ALONG WITH THE AFFIDAVIT
DATED 31-05-2024 FILED IN ARC NO.241 OF
Exhibit-P3 A TRUE COPY OF THE ORDER DATED 24-10-
2022 ISSUED BY THE 2ND RESPONDENT
Exhibit-P4 A TRUE COPY OF THE ORDER DATED 12-12-
2023 ISSUED BY THE 2ND RESPONDENT
Exhibit-P5 A TRUE COPY OF THE NOTICE DATED 21-12-
2024 ISSUED UNDER SECTION 68 (2) BY THE
2ND RESPONDENT
Exhibit-P6 A TRUE COPY OF THE SECTION 65 ENQUIRY
REPORT DATED 09-11-2023
Exhibit-P7 A TRUE COPY OF THE SECTION 68 (1)
ENQUIRY REPORT DATED 07-02-2025
Exhibit-P8 A TRUE COPY OF THE EXPLANATION FILED BY
THE 1ST PETITIONER DATED 12-03-2025
Exhibit-P9 A TRUE COPY OF THE ORDER
NO.JRGTSR/369/2022/CRB(1) DATED 20-05-
2025 ISSUED BY THE 2ND RESPONDENT UNDER
SECTION 68 (2) OF KCS ACT
Exhibit-P10 A TRUE COPY OF THE JUDGEMENT DATED 22-
07-2022 IN WA NO.1500 OF 2021
Exhibit-P11 A TRUE COPY OF THE JUDGEMENT DATED 03-
07-2025 IN WP(C) NO.23765 OF 2025
