High Court of KeralaWP(C)/22397/2015disposed of

Trivandrum District Mini Industrial Estate Co-Operative Society Ltd. v. The Assistant Registrar Of Co-Operative Societies (Audit)

2015-07-244 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).No. 22397 of 2015 (Y) ---------------------------- PETITIONER:

------------------ TRIVANDRUM DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD., DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, TRIVANDRUM, REPRESENTED BY ITS AUTHORISED SIGNATORY AND CHAIRMAN, M. MAHEEN ABUBAKER.

BY ADVS.SRI.K.M.FIROZ SMT.M.SHAJNA SRI.S.KANNAN RESPONDENTS:

------------------------ 1.

THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, OOTTUKUZHI, THIRUVANANTHAPURAM 695 001.

THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (AUDIT), PANAVILA JUNCTION, THIRUVANANTHAPURAM - 695 001. 3.

DIRECTOR OF CO-OPERATIVE AUDIT, OFFICE OF THE DIRECTOR OF CO-OPERATIVE AUDIT, MEDICAL COLLEGE P.O., THIRUVANTHAPURAM 695 001. 4.

THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 003.

THE MANAGER, DISTRICT INDUSTRIES CENTRE, WATER WORKS COMPOUND, VELLAYAMBALAM, THIRUVANANTHAPURAM 695 003.

THE DIRECTOR OF INDUSTRIES AND COMMERCE, OFFICE OF THE DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM 695 033.

THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, INDUSTRIES DEPARTMENT, THIRUVANANTHAPURAM 695 001. 8.

E. SALAHUDHEEN, FATHERS NAME AND AGE NOT KNOWN TO THE PETITIONER, THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM 695 001. BY SENIOR GOVERNMENT PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) NO. 22397/2015 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 :

TRUE COPY OF THE REPRESENTATION DATED 12.11.2013 SUBMITTED BY THE MANAGING DIRECTOR OF THE PETITIONER SOCIETY TO THE COOPERATIVE AUDIT DEPARTMENT EXHIBIT P1(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P1 REPRESENTATION EXHIBIT P2 :

TRUE COPY OF THE REPRESENTATION DATED 18.12.2013 SUBMITTED BY THE PETITIONER SOCIETY TO THE 3RD RESPONDENT.

EXHIBIT P2(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P2 REPRESENTATION EXHIBIT P3 :

TRUE COPY OF THE EXTRACT OF DECISION NO. 11 TAKEN BY THE EXECUTIVE COMMITTEE OF THE PETITIONER SOCIETY IN THE MEETING HELD ON 20.12.2013.

EXHIBIT P3(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P3 DECISION EXHIBIT P4 :

TRUE COPY OF THE LETTER DATED 15.01.2014 SUBMITTED BY THE MANAGING DIRECTOR OF THE PETITIONER SOCIETY ADDRESSED TO THE 3RD RESPONDENT.

EXHIBIT P4(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P4 LETTER EXHIBIT P5 :

TRUE COPY OF THE LETTER DATED 15.01.2014 ISSUED TO THE 4TH RESPONDENT BY THE PETITIONER SOCIETY.

EXHIBIT P5(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P5 LETTER EXHIBIT P6 :

TRUE COPY OF LETTER DATED 24.09.2014 SUBMITTED THE MANAGING DIRECTOR OF THE PETITIONER ADDRESSED TO THE JUNIOR CO-OPERATIVE INSPECTOR, CO-OPERATIVE CIRCLE, THIRUVANANTHAPURAM.

EXHIBIT P6(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P6 LETTER EXHIBIT P7 :

TRUE COPY OF THE LETTER DATED 12.06.2015 SUBMITTED BY THE PETITIONER SOCIETY TO GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, THIRUVANANTHAPURAM.

EXHIBIT P7(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P7 LETTER EXHIBIT P8 :

TRUE COPY OF THE ORDER DATED 10.06.2015 ISSUED BY THE 4TH RESPONDENT AUTHORISING THE 5TH RESPONDENT, MANAGER OF DISTRICT INDUSTRIES CENTRE.

EXHIBIT P8(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P8 ORDER

WP(C) NO. 22397/2015 EXHIBIT P9 :

TRUE COPY OF THE JUDGMENT DATED 03.07.2015 PASSED BY THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NO. 18752/2015. EXHIBIT P10 :

TRUE COPY OF THE REPRESENTATION DATED 13.07.2015 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. EXHIBIT P10(a) :

TRUE ENGLISH TRANSLATION OF EXHIBIT P10 REPRESENTATION. RESPONDENT(S) EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE.

V. CHITAMBARESH, J -------------------------------- WP(C) NO. 22397 OF 2015 ------------------------------------ Dated this the 24th day of July, 2015

JUDGMENT

The petitioner contends that the accounts have not been audited since 1993-94. The petitioner has in this regard put in Ext.P10 representation. I direct the first respondent to consider Ext.P10 representation with notice to the petitioner. The needful shall be done within a period of two months from the date of receipt of a copy of this judgment.

It is reported that an enquiry under Section 66 of the Kerala Co-operative Societies Act is on. The proceedings shall go on even though the report shall not be finalised. The report shall be finalised only after the audit for the period in question is completed.

The Writ Petition is disposed of.

V. CHITAMBARESH JUDGE ncd