IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 WP(C).No. 24754 of 2009(L) -------------------------- PETITIONER(S): --------------- THENNALA SERVICE CO-OP.BANK LTD.NO.F 720 VALAKKULAM POST,MELEKOZHICHENA, MALAPPURAM DISTRICT,REP.BY ITS SECRETARY. BY ADV. SRI.M.SASINDRAN RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),MALAPPURAM. 2. THE JUNIOR INSPECTOR, VENGARA UNIT,OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,TIRUR, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.S.ABDUL SALAM FOR R1 BY ADV. SRI.ASOK M.CHERIAN FOR ADDL.R-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.24754 of 2009 ------------------------------- Dated this the 21st day of June, 2011 J U D G M E N T This writ petition is filed challenging Ext.P10 order dated 13.8.2009 issued by the Joint Registrar of Co-operative Societies (General), Malappuram directing an enquiry under section 65 of the Kerala Co-operative Societies Act into the affairs of the petitioner society and appointing the second respondent as the enquiry officer. The writ petition was admitted and notice ordered to the respondents on 27.8.2009. Thereafter, on 7.9.2009, this Court while permitting the respondents to continue with the enquiry directed that no proceedings shall be initiated against the petitioner on the basis of the enquiry without obtaining orders from this Court. 2. The first respondent has filed a counter affidavit dated 24.3.2010 justifying Ext.P2. Later along with a memo dated 11.10.2010, the learned Special Government Pleader for Co-operation has produced the report of the enquiry. Respondents 1 and 2 have also filed I.A.No.14413 of 2010 for permission to initiate proceedings on the basis of the report of the enquiry 3. When the writ petition came up for hearing today, Sri.M.Sasindran, learned counsel appearing for the petitioner submitted that now that the enquiry has been held and completed and W.P.(C) No.24754 of 2009 2 report submitted, the writ petition may be dismissed as infructuous reserving liberty with the petitioner society to challenge the proceedings, if any, initiated by the respondents pursuant to the report of the enquiry in other appropriate proceedings. The learned Government Pleader appearing for respondents 1 and 2 and Sri.Ashok.M.Cherian, learned counsel appearing for the additional third respondent who is a member of the petitioner society, did not oppose the said request. In such circumstances, the writ petition is dismissed as infructuous without prejudice to the right of the petitioner to defend the action, if any, initiated pursuant to the report of enquiry submitted by the second respondent, in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. nj.