IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 W.P(C).No. 996 of 2008(R) ------------------------ PETITIONER: ------------ THE BOARD OF DIRECTORS OF THE PALLIYARAKKAVU SERVICE CO-OPERATIVE SOCIETY LIMITED NO.A. 929, KAVALAM P.O., ALLEPPEY, REPRESENTED BY ITS PRESIDENT, P.UDAYAKUMAR. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT: ----------- THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALLEPPEY. BY ADV. ANU SIVARAMAN,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 996/2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE SUSPENSION ORDER DATED 28/11/2005. EXHIBIT P2: TRUE COPY OF THE RESOLUTION DATED 26/09/2005. EXHIBIT P3: TRUE COPY OF THE NOTICE NO. CRP. (2) 4101/05 DATED 19/09/2007. EXHIBIT P4: TRUE COPY OF THE NOTICE NO. CRP(2) 6447/06 DATED 20/09/2007. EXHIBIT P5: TRUE COPY OF THE RESOLUTION DATED 24/09/2006 NO.12. EXHIBIT P6: TRUE COPY OF THE PETITION DATED 28/11/2007. EXHIBIT P7: TRUE COPY OF THE PETITION DATED 28/11/2007. EXHIBIT P8: TRUE COPY OF THE REQUEST WITH MEDICAL CERTIFICATE DATED 24/12/2007. EXHIBIT P9: TRUE COPY OF THE ORDER NO.CRP.(2) 4101/2005 DATED 28/12/2007. EXHIBIT P10: TRUE COPY OF THE ORDER NO. CRP.(2) 4101/2005 DATED 6/02/2008. EXHIBIT P11: TRUE COPY OF THE EXPLANATION SUBMITTED BEFORE THE RESPONDENT DATED 9/01/2008. /TRUE COPY/ P.A. TO JUDGE scm THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.996 OF 2008 ------------------------------------------- Dated this the 14th day of July, 2008 JUDGMENT Having heard learned counsel for parties, I am satisfied that the petitioner has not been afforded sufficient opportunity of hearing before the order of supersession was passed under Section 32 of the Kerala Co-operative Societies Act, 1969. In its essence, the plea of the petitioner is that opportunities which were admittedly extended by the Joint Registrar were insufficient in as much as the society was not in possession of the relevant minutes book and other official files, which were taken off by the secretary who was removed from office. It is pointed out that there are arbitration cases and criminal proceedings against the former secretary in relation to different transactions. The non-availability of records has essentially led to the situation in hand. On the totality of the facts and circumstances, it appears to be abundantly necessary that the petitioner society is given an opportunity of pre-decisional hearing, particularly when it has made a written request for more time to place the WPC.996/08 Page numbers materials on account of its inability to reach at such materials which were taken off by the secretary. In the aforesaid circumstances and in view of the interim orders already existing in this case in favour of the petitioner, this writ petition is allowed quashing the impugned decisions to the extent it orders supersession and appointment of administrator. The Joint Registrar will extend to the petitioner an opportunity of hearing as may be found necessary on the facts and circumstances of the case and decide the case de novo. The petitioner is directed to appear before the respondent on 25.7.2008. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.15/7.