IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 25559 of 2011(T) -------------------------- PETITIONER(S): --------------- 1. VELLANADU SERVICE CO-OPERATIVE BANK LTD. NO.2379, VELLANADU, VELLANADU VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT REPRESENTED BY ITS PRESIDENT. 2. S.KRISHNAKUMAR, PRESIDENT, VELLANADU SERVICE CO-OPERATIVE ;BANK LTD. NO.2379, VELLANADU, VELLANADU VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.THOMAS ABRAHAM SMT.MERCIAMMA MATHEW SRI.K.S.HARIDAS SRI.V.RENJITH KUMAR RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRIVANDRUM DISTRICT, TRIVANDRUM 695 001 2. ENQUIRY OFFICER AND UNIT INSPECTOR, VENJARANMOODU, OFFICE OF OTHE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), NEDUMANGADU TALUK, NEDUMANGADU, TRIVANDRUM 695 506 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.25559/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE ORDER DATED 26.8.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2. TRUE COPY OF THE WRITTEN SUBMISSION DATED 2.9.2011 WITH ALL THE ANNEXURES. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.25559 of 2011 ----------------------------------------- Dated this the 26th day of September, 2011 JUDGMENT Ext.P1 order passed by the Joint Registrar of Co-operative Societies (General) Trivandrum on 26.8.2011, whereby he appointed the Unit Inspector, Venjaramoodu attached to the office of the Assistant Registrar of Co-operative Societies (General), Nedumangad, to conduct an enquiry into the constitution, working and financial condition of the first petitioner society, is under challenge in this writ petition. The main ground raised in this writ petition is that none of the grounds set out by the Joint Registrar in Ext.P1 order are tenable. Reliance is placed on various documents produced along with Ext.P2 representation submitted by the President of the first petitioner society (the second petitioner herein) to contend that the impugned order is liable to be set aside. In other words, what the petitioner wants this Court is to examine the contents of Ext.P2 representation submitted by the second petitioner and decide whether having regard to the facts set out therein and the documents produced along with it, if W.P(C).No.25559 of 2011 -:2:- this Court were to act as the original authority, such an order would have been passed. I am afraid such an enquiry is not called for at this stage. The petitioner has no case that the Joint Registrar of Co-operative Societies is not competent to order an enquiry. His only case is that no grounds exist to hold an enquiry under section 65 of the Kerala Co-operative Societies Act. In my opinion, if as contended by the petitioners there is nothing wrong with the constitution, working and financial condition of the society, they need not have an apprehension that in the enquiry the officers or members of the Managing Committee of the society will be found liable for various acts of commission or omission. The petitioners also have no case that the Joint Registrar has acted on the dictates of the Government or for any other extraneous considerations. In such circumstances I find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to challenge the steps, if any, taken pursuant to the report of enquiry in other appropriate proceedings. Needless to say the petitioners can also challenge Ext.P1 order before the Government, if the period of W.P(C).No.25559 of 2011 -:3:- limitation prescribed for filing an appeal under section 83(1)(j) of the Kerala Co-operative Societies Act, has not already expired. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.25559 of 2011 ---------------------------- JUDGMENT 26th September, 2011