Babu.V vs Balaramapuram Panchayath Residents ...
2026 Latest Caselaw 85 Ker

Citation : 2026 Latest Caselaw 85 Ker
Judgement Date : 6 January, 2026

[Cites 4, Cited by 0]

Kerala High Court

Babu.V vs Balaramapuram Panchayath Residents ... on 6 January, 2026

                                                           2026:KER:359

WP(C) No.1703 OF 2021
                                  1


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
      TUESDAY, THE 6TH DAY OF JANUARY 2026 / 16TH POUSHA, 1947
                         WP(C) NO. 1703 OF 2021
PETITIONER/S:
     1       BABU.V
             AGED 57 YEARS
             S/O. VELAYUDHAN, AYTHIYOOR, BALARAMAPURAM,
             THIRUVANANTHAPURAM DISTRICT.
     2       BALAKRISHNA PILLA,
             USHUS, KARAKKADU, PEZHOORKKONAM, BALARAMAPURAM,
             THIRUVANANTHAPURAM DISTRICT.
     3       D.SASIKUMAR,
             MELAKAVILAKATH HOUSE, ANTHIYOOR, BALARAMAPURAM,
             THIRUVANANTHAPURAM DISTRICT.
     4       K.SUKUMARAN,
             S.S.BHAVAN, EDAMANAKUZHI, BALARAMAPURAM,
             THIRUVANANTHAPURAM DISTRICT.
     5       A CHANDRAN,
             CHANDRAVILASATHIL VEEDU, KAVINPURAM, KATTACHALKUZHI
             P.O., THIRUVANANTHAPURAM DISTRICT.
     6       SREEDEVI K.,
             ANJANAM, RAILWAY CROSS, BALARAMAPURAM P.O.,
             THIRUVANANTHAPURAM DISTRICT.
     7       AYISHA M.,
             VATTAVILAKATH VEEDU, ANTHIYOOR, BALARAMAPURAM P.O.,
             THIRUVANANTHAPURAM DISTRICT.
     8       L.SALANI,
             THOPPIL VEEDU, ANTHIYOOR, BALARAMAPURAM P.O.,
             THIRUVANANTHAPURAM DISTRICT.
     9       S.JAYALAKSHMI,
             SRUTHILAYAM, NEAR RAILWAY CROSS LANE, THALAYAL,
             BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT.
     10      G.BINDHU LAL,
             PUNARTHAM, KOTTUKALKONAM, KATTACHALKUZHI P.O.,
             BALARAMAPURAM, THIRUVANANTHAPURAM DISTRICT.

             BY ADVS.
             SHRI.P.V.BABY
             SHRI.A.N.SANTHOSH
                                                               2026:KER:359

WP(C) No.1703 OF 2021
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RESPONDENT/S:

     1       BALARAMAPURAM PANCHAYATH RESIDENTS WELFARE CO-OPERATIVE
             SOCIETY LTD.NO.T.1649
             BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT,
             REPRESENTED BY ITS SECRETARY-695501.

     2       JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
             THIRUVANANTHAPURAM-695001.

     3       THE ADMINISTRATIVE COMMITTEE OF THE BALARAMAPURAM
             PANCHAYATH RESIDENTS WELFARE CO-OPERATIVE SOCIETY
             LTD. NO.T.1649, BALARAMAPURAM P.O., THIRUVANANTHAPURAM
             DISTRICT, REPRESENTED BY ITS CONVENER, C.R.SHAJIKUMAR,
             -695501.

     4       ANIL S.P.,
             ENQUIRY OFFICER/SENIOR CO-OPERATIVE INSPECTOR,
             BALARAMAPURAM UNIT, OFFICE OF THE ASSISTANT REGISTRAR
             OF CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA,
             THIRUVANANTHAPURAM-695528.

     5       ENQUIRY OFFICER/CO-OPERATIVE INSPECTOR,
             PARASSALA UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF
             CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA,
             THIRUVANANTHAPURAM-695528.

             BY ADVS.
             SRI.N.ANAND
             GOVERNMENT PLEADER
             SRI.BIJITH S.KHAN


OTHER PRESENT:

             SMT. RESMI THOMAS (GP)


      THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
06.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                          2026:KER:359

WP(C) No.1703 OF 2021
                                 3



                        JUDGMENT

This writ petition has been filed challenging Ext.P2

notice issued under the provisions of Sec.66 of the Kerala

Co-operative Societies Act, 1969 (hereinafter referred to

as the '1969 Act'), Ext.P5 order under Sec.68(1) of the

1969 Act, and Ext.P6 Show Cause Notice issued to the

petitioner under Sec.68(2) of the 1969 Act.

2. The learned Government Pleader points out that, in

the light of the law laid down by the Full Bench this Court

in Kudayathoor Service Co-operative Bank Ltd. v.

Joint Registrar of Co-operative Societies General

[2022 3 KLT 222 (FB)], the petitioner has to raise all the

contentions at the time of adjudication of the show cause

notice and he cannot, at this stage, challenge Exts.P2, P5

and P6.

3. Having heard the learned counsel appearing for the

petitioners, the learned Government Pleader and the

learned counsel appearing for the 1st respondent, and

taking into consideration the law laid down by the Full 2026:KER:359

WP(C) No.1703 OF 2021

Bench in Kudayathoor Service Co-operative Bank

(supra), I am of the view that, the petitioner cannot, at

this stage, challenge Exts.P2, P5 and P6 in a writ petition

under Article 226 of the Constitution of India and all

contentions (if any), have to be raised at the time of

adjudication of Ext.P6 show cause notice.

Reserving the liberty of the petitioner to raise all the

contentions at the time of adjudication of Ext.P6 show

cause notice, this writ petition will stand dismissed.

Sd/-

GOPINATH P. JUDGE SM/0601 2026:KER:359

WP(C) No.1703 OF 2021

APPENDIX OF WP(C) NO. 1703 OF 2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE PHOTO COPY OF THE ORDER DATED 6.10.2018 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 TRUE PHOTO COPY OF THE REPORT UNDER SECTION 66 DATED 24.9.2019 SUBMITTED BY THE 2ND RESPONDENT UNDER SECTION 66 OF THE KERALA CO- OPERATIVE SOCIETIES ACT TO THE 2ND RESPONDENT.

EXHIBIT P3 TRUE PHOTO COPY OF THE COVERING LETTER DATED 14.8.2020 ISSUED FROM THE OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA UNDER THE RIGHT TO INFORMATION ACT.

EXHIBIT P4 TRUE PHOTO COPY OF THE COMPLAINT DATED 28.11.2019 SUBMITTED BY THE 1ST PETITIONER TO THE REGISTRAR OF CO-OPERATIVE SOCIETIES. EXHIBIT P5 TRUE PHOTO COPY OF THE REPORT UNDER SECTION 68(1) OF THE KERALA CO-OPERATIVE SOCIETIES ACT DATED 17.8.2020 SUBMITTED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT. EXHIBIT P6 TRUE PHOTO COPY OF THE NOTICE DATED 28.12.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS AND OTHERS.

EXHIBIT P7 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 1ST PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P8 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 2ND PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P9 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 3RD PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P10 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 5TH PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P11 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 6TH PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P12 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 7TH PETITIONER TO THE 2ND RESPONDENT.

2026:KER:359

WP(C) No.1703 OF 2021

EXHIBIT P13 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 8TH PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P14 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 9TH PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P15 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 10TH PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P16 TRUE PHOTO COPY OF THE EXPLANATION DATED 7.1.2021 SEND UNDER REGISTERED POST BY THE 4TH PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P17 TRUE PHOTO COPY OF THE REQUEST DATED 16.1.2021 SEND BY THE PETITIONERS TO THE 2ND RESPONDENT UNDER REGISTERED POST.

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE