Moothedam Co-Operative Urban Sangham Ltd. v. The Joint Registrar (General), Co-Operative Societies, Malappuram

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 31ST DAY OF MARCH 2015/10TH CHAITHRA, 1937 WP(C).No. 10389 of 2015 (W) ---------------------------- PETITIONER(S):

----------------- MOOTHEDAM CO-OPERATIVE URBAN SANGHAM LTD. NO.M.653 KARAPPURAM.P.O., MALAPPURAM-679 331 REPRESENTED BY ITS PRESIDENT ISMAIL, AGED 49 YEARS S/O.MOYIN, PARASUNAMKUNNIL, CHEMMAMTHITTA P.O.KARAPPURAM, MALAPPURAM-679 331.

BY ADVS.SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR SRI.K.JAGADEESH RESPONDENT(S):

-------------------

1. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, CIVIL STATION MALAPPURAM-676 505.

2. THE ASSISTANT REGISTRAR (GENERAL) MANCHERRY, MALAPPURAM DISTRICT-676 121.

R BY GOVERNMENT PLEADER SRI.GIKKU JACOB.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 10389 of 2015 (W) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- P1- TRUE PHOTOSTAT COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED NIL.

P2- TRUE PHOTOSTAT COPY OF THE NOTICE VIDE C.R.B.1044/10, DATED 13.01.2014 ISSUED BY THE 1ST RESPONDENT.

P3- TRUE PHOTOSTAT COPY OF THE EXPLANATION SUBMITTED BY THE SECRETARY OF THE SOCIETY, DATED 20.02.2014.

P4- TRUE PHOTOSTAT COPY OF THE RECEIPT OF THE DEPOSIT AMOUNT OF RS.10 LAKHS DATED 31.03.2012.

P5- TRUE PHOTOCOPY OF THE ORDER OF THE 1ST RESPONDENT DATED 20.08.2014. RESPONDENT(S)' EXHIBITS : NIL.

------------------------------ //TRUE COPY// P.S. TO JUDGE.

V.CHITAMBARESH, J.

--------------------- W.P (C) No.10389 of 2015 --------------------- Dated this the 31st day of March, 2015

J U D G M E N T

Ext.P5 order directing supervision and inspection under Section 66 of the Kerala Co-operative Societies Act, 1969 is impugned. Many disputed questions of fact arise for consideration which cannot be adjudicated in a writ petition of this nature. The petitioner has an effective alternate remedy by way of Appeal under Section 83((1)(j) of the Kerala Cooperative Societies Act, 1969. Moreover the alleged complainant who has alerted the first respondent to initiate proceedings under Section 66 of the Kerala Cooperative Societies Act, 1969 has not been impleaded. The Writ Petition is dismissed without prejudice to the right of the petitioner as above. Sd/- V.CHITAMBARESH, Judge.

nj.