Viswanadha Raju v. Registrar Coop

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.12135 OF 2018 ORDER: (Per the Hon'ble Sri Justice S.V.Bhatt) The petitioners are the members of the 4th respondent society. The petitioners challenge show-cause notice dated 24.03.2018. The petitioners in the instant writ petition are similarly situated to the petitioner in W.P. No.39470 of 2017 and Contempt Case No.1167 of 2018. For the reasons stated in W.P. No.39470 of 2017 and Contempt Case No.1167 of 2018, by extending the same and similar concession to the petitioners as well and to meet the ends of justice, the writ petition is disposed of by this order:

(a) The petitioners are given two weeks' time from today to submit reply to the show cause notice impugned in the writ petition and raise all objections available in law and fact and it is for the 4th respondent to consider and dispose of the same objectively and in accordance with law.

(b) The 4th respondent passes an order within two weeks from the date of submission of reply.

(c ) The impugned show-cause notice, if resulted in issuance of a final order in the nature of removing the petitioners from the membership of the Housing Society, the same would be treated as having been set aside by this Court.

As a sequel thereto, miscellaneous petitions, if any, pending stand closed. No order as to costs.

__________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ____________ S.V.BHATT, J Date: 28 -12-2018 Prv