The Board Of Director Of The Poothakulam Service Co-Op.Bank v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 WP(C).No. 34278 of 2014 (H) ---------------------------- PETITIONER:
-------------- THE BOARD OF DIRECTORS OF THE POOTHAKULAM SERVICE CO-OPERATIVE BANK LIMITED NO.2944, POOTHAKULAM, KOLLAM DISTRICT REPRESENTED BY ITS PRESIDENT.
BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS:
------------------
1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES KOLLAM-691001.
4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES KOLLAM-691001.
5. SRI.SUNDARESAN, ENQUIRY OFFICER, (UNIT INSPECTOR OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL) KOLLAM-691001.
R BY SPL. GOVERNMENT PLEADER D.SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34278 of 2014 (H) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXT.P1 TRUE COPY OF THE NOTICE DATED 11/10/2011 ISSUED BY THE 3RD RESPONDENT EXT.P2 TRUE COPY OF THE EXPLANATION DATED 31/10/2011 EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 22/11/2011 EXT.P4 TRUE COPY OF THE REPORT DATED 31/01/2012 EXT.P5 TRUE COPY OF THE APPROVAL GRANTED TO THE SOCIETY ON 03/10/2007 EXT.P6 TRUE COPY OF THE ORDER EVIDENCING THIS FACT DATED 19/08/2010 EXT.P7 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 01/10/2011 EXT.P8 TRUE COPY OF THE JUDGMENT IN W.A.2196 AND 2198/2012 EXT.P9 TRUE COPY OF THE NOTICE DATED 23/08/2014 EXT.P10 TRUE COPY OF THE NOTES OF SUBMISSION MADE BY THE MANAGING COMMITTEE EXT.P11 TRUE COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DATED 13/11/2014.
RESPONDENT(S)' EXHIBITS : NIL.
----------------------------- //TRUE COPY// P.S. TO JUDGE.
V.CHITAMBARESH, J.
--------------------- W.P (C) No.34278 of 2014 --------------------- Dated this the 8th day of January, 2015
J U D G M E N T
Ext.P11 order merely authorises the Inspector attached to the office of the fourth respondent to report after an enquiry under Section 68(1) of the Kerala Co-operative Societies Act. The necessity to give an opportunity of being heard to the person sought to be saddled with the liability arises only thereafter under Section 68(2) of the said Act. Ext.P11 order has been issued pursuant to an inspection conducted under Section 66 of the Act. An opportunity of being heard under Section 66(5) of the Act does not arise except when there is a proposal of the Registrar to order cost of Inspection. [See State of Kerala v. Aravindakshan Nair (2010 (3) KLT 11)]
2. The parties are at variance as to whether the directions in Ext.P8 judgment have been complied with or not. These are disputed questions of fact to be agitated in a statutory appeal. An appeal would lie against Ext.P11 order to the Government under Section 83(1)(j) of the Kerala Co-operative Societies Act. Intermittent interference in writ jurisdiction during
W.P (C) No.34278 of 2014 the course of inspection and enquiry or surcharge by the statutory authorities has to be desisted. The Writ Petition is dismissed without prejudice to the right of the petitioner as above. Sd/- V.CHITAMBARESH, Judge.
nj.