Kerala High Court
Perumpazhuthoor Service Co-Operative ... vs The Assistant Director Of Co-Operative ... on 12 March, 2025
2025:KER:21178
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 12TH DAY OF MARCH 2025 / 21ST PHALGUNA, 1946
WP(C) NO. 32400 OF 2019
PETITIONERS:
1 PERUMPAZHUTHOOR SERVICE CO-OPERATIVE BANK LTD NOT.262,
PERUMPAZHUTHOOR P.O. THIRUVANANTHAPURAM REPRESENTED BY
ITS SECRETARY.
2 THE MANAGING COMMITTEE OF THE PERUMPAZHUTHOOR,
SERVICE CO-OPERATIVE BANK LTD, T. 262, PERUMPAZHUTHOOR
P.O. THIRUVANANTHAPURAM , REPRESENTED BY ITS PRESIDENT.
BY ADVS.
SRI.B.S.SWATHI KUMAR
SMT.ANITHA RAVINDRAN
SRI.HARISANKAR N UNNI
SHRI.SREEKUMAR S
SMT.P.S.BHAGYA SURABHI
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),
THIRUVANANTHAPURAM 695 001.
2 THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL), MINI CIVIL STATION,
NEYYATTINKARA, THIRUVANANTHAPURAM 695 121.
BY ADV GOVERNMENT PLEADER
OTHER PRESENT:
SRI T JAYAN, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2025, ALONG WITH WP(C).34763/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.32400 & 34763/2019 2 2025:KER:21178
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 12TH DAY OF MARCH 2025 / 21ST PHALGUNA, 1946
WP(C) NO. 34763 OF 2019
PETITIONERS:
1 PERUMPAZHUTHOOR SERVICE CO-OPERATIVE BANK LTD. NO. T.262
PERUMPAZHUTHOOR P.O., THIRUVANANTHAPURAM,
REPRESENTED BY ITS SECRETARY.
2 THE MANAGING COMMITTEE OF THE PERUMPAZHUTHOOR SERVICE
CO-OPERATIVE BANK LTD. NO.T.262,
PERUMPAZHUTHOOR P.O., THIRUVANANTHAPURAM, REPRESENTED BY
ITS PRESIDENT.
BY ADVS.
SRI.B.S.SWATHI KUMAR
SMT.ANITHA RAVINDRAN
SRI.HARISANKAR N UNNI
SHRI.SREEKUMAR S
SMT.P.S.BHAGYA SURABHI
RESPONDENTS:
1 THE ASSISTANT DIRECTOR OF CO-OPERATIVE AUDIT
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN-695121.
2 THE CONCURRENT AUDITOR,
PERUMPAZHUTHOOR SERVICE CO-OPERATIVE BANK LTD. NO.T.262,
PERUMPAZHUTHOOR P.O.,
THIRUVANANTHAPURAM.
BY ADV SRI.T.JAYAN, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2025, ALONG WITH WP(C).32400/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.32400 & 34763/2019 3 2025:KER:21178
JUDGMENT
[WP(C) Nos.32400/2019, 34763/2019]
These two writ petitions are filed at the instance of the
Co-operative Society seeking to challenge proceedings taken,
directing the recovery of various amounts from the members of
the Managing Committee/Secretary of the Society (Ext.P6 and
P7 in W.P.(C)No.32400 of 2019) and directing recovery of
various amounts as noticed in Ext.P4 communication dated
06.11.2019 (W.P.(C)No.34763 of 2019).
2. I have heard Sri.B.S.Swathikumar, the learned
counsel for the petitioner and Sri.T.Jayan, the learned
Government Pleader.
3. With reference to W.P.(C)No.32400 of 2019, I
notice that Ext.P6, as contended by the petitioner, contains a
positive direction to the petitioner to recover various amounts
from the members of the Managing Committee/Secretary. The
afore direction has been issued with reference to the alleged
appointments made in the Bank, which was found in the
departmental enquiry as vitiated. However, a reference to
Ext.P6 would show that the details of the enquiry, the details of
WP(C) Nos.32400 & 34763/2019 4 2025:KER:21178
the appointment effected like the name of the employee, the
post to which the appointment was effected etc., are not
finding a place in Ext.P6. Without all these aspects being
incorporated in Exts.P6, I am of the opinion that the findings in
Ext.P6, cannot be sustained. In such circumstances, Ext.P6 as
well as Ext.P7 in W.P.(C)No.32400 of 2019 would stand set
aside, without prejudice to the right of the respondents therein,
to issue a proper notice containing the facts and figures,
requiring the petitioner to show cause.
4. As regards W.P.(C)No.34763 of 2019, I notice
that Ext.P4 was issued during the pendency of
W.P.(C)No.32400 of 2019. By Ext.P4, there is a direction issued
to ensure remittance of various amounts as noticed in Ext.P4,
by the concurrent auditor, failing which proceedings are
proposed to be taken against the petitioner. A reading of the
proceedings at Ext.P4 would show that the same is in the form
of a final order directing payments. At the same time, in the
statement filed on behalf of the 1 st respondent dated
08.06.2020, it is clarified that Ext.P4 is not an order but only a
letter seeking explanations on account of natural justice.
WP(C) Nos.32400 & 34763/2019 5 2025:KER:21178
When that be the position, I dispose of W.P.(C)No.34200 of
2017 by permitting the petitioner to treat Ext.P4 as a show
cause notice and by filing an appropriate
objections/explanations with respect to the contents of Ext.P4
within a period of four weeks from today.
The respondents to consider the afore reply and pass
appropriate orders, strictly in accordance with law, within a
further period of eight weeks thereafter.
Sd/-
HARISANKAR V. MENON
JUDGE
ANA
WP(C) Nos.32400 & 34763/2019 6 2025:KER:21178
APPENDIX OF WP(C) 32400/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO. CRP(1)
8295/06/K.DIS DATED 13.3.2007 OF THE 1ST
RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO. CRP(1)
11523/03/K.DIS DATED 8.1.2004 OF THE 1ST
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER NO. CRP(1)
4190/2013/K..DIS DATED 25.7.2014 OF THE
1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER NO. CRP(1) 2960/16
DATED 23.9.2016 OF THE 1ST RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE NOTICE NO. CVE.34/16
DATED 19.1.2017 TO THE 1ST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ORDER NO. NEYY 2608/19
DATED 14.11.2019 OF THE 2ND RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE ORDER NO. CRP
(1)10547/1017 DATED 28.10.2019 OF THE 1ST
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ORDER NO.
CRP(1)614/16/K.DIS DATED 10-2-2016 OF THE
1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER NO. CRP(1)
2029/2016 DATED 5-5-2016 OF THE 1ST
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LETTER NO. NTA/950/16
DATED 20-5-2016 TO THE 1ST RESPONDENT.
WP(C) Nos.32400 & 34763/2019 7 2025:KER:21178
RESPONDENT EXHIBITS
EXHIBIT R1(A) THE CORRESPONDING PAGE OF COMPUTER
GENERATED TAPAL ENTRY AND PERSONAL
REGISTRAR KEPT IN THE CRB(2) SECTION.
EXHIBIT R1(B) TRUE COPY OF THE REPORT NO.CVE 10/18 DATED
02.07.2018.
EXHIBIT R1(c) TRUE COPY OF THE LETTER NO.CP(3)15760/18
DATED 21.11.2018.
EXHIBIT R1(D) TRUE COPY OF LETTER NO.CP(3)15760/18(1)
DATED 24.08.2018.
WP(C) Nos.32400 & 34763/2019 8 2025:KER:21178
APPENDIX OF WP(C) 34763/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER NO.NEVY 2608/19
DATED 14.11.2019.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.CRP(1)10547/1017
DATED 28.10.2019.
EXHIBIT P3 TRUE COPY OF THE ORDER IN W.P.(C)
NO.32400/2019 DATED 29.11.2019.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 6.11.2019 OF
THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER IN W.P.(C)
NO.31464/2018 DATED 29.3.2019.
