IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 30TH APRIL 2010 / 10TH VAISAKHA 1932 WP(C).No. 13953 of 2010(T) -------------------------- PETITIONER(S): --------------- K.V. KANDAMUTHAN, MANALIKKAD VEEDU, CHERAMANGALAM, PALAKKAD DISTRICT. BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT, O/O THE DEPUTY DIRECTOR OF DIARY DEVELOPMENT, CIVIL STATION, PALAKKAD - 678 001. 2. CHERAMANGALAM KSHEERA VYVASAYA SAHAKARANA SANGAM LTD., NO. P-12(D) CHERAMANGALAM.P.O, PIN - 678 703, PALAKKAD DISTRICT. GOVT.PLEADER SRI.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.13953 of 2010 ---------------------------- Dated 30th April, 2010 JUDGMENT The petitioner is a member of the Board of Directors of the second respondent society. In this writ petition he challenges Ext.P1 show cause notice issued by the first respondent on 11.3.2010 calling upon him to show cause why he should not be disqualified under Rule 44 of the Kerala Co-operative Societies Rules, 1969. 2. Though the petitioner challenges Ext.P1 on various grounds, when the writ petition came up for hearing today, the learned counsel for the petitioner submitted that leaving open the petitioner's contentions, the first respondent may be directed to pass orders on Ext.P1 only after affording the petitioner an opportunity of being heard. The learned counsel for the petitioner submitted that under Rule 44(3) of the Kerala Co-operative Societies Rules, 1969, the person against whom proceedings are initiated is entitled to be heard. The learned counsel also submitted that in such circumstances, the writ petition may be disposed of with a direction to the first respondent to hear the petitioner before passing orders on Ext.P1. The learned Government Pleader appearing for the WP(C).No.13953/2010 2 respondents did not seriously oppose the said request. In the light of the aforesaid submissions, I dispose of this writ petition with a direction to the first respondent to afford the petitioner a reasonable opportunity of being heard in person before passing orders on Ext.P1, if as on today orders have not been passed. If orders have already been passed, the first respondent shall communicate a copy thereof to the petitioner expeditiously. The petitioner's right to challenge the order passed by the first respondent in other appropriate proceedings is kept open. P.N.RAVINDRAN Judge TKS