IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 4344 of 2008(P) ------------------------- PETITIONER: ------------------ K.A.THOMAS , PRESIDENT, PALAKUZHA SERVICE CO-OPERATIVE BANK LTD, NO. E 81, PALAKUZHA P.O., MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: ---------------------- 1. SHAJU JACOB, SECRETARY, CPI (M) PALAKUZHA LOCAL COMMITTEE AKG BHAVAN, PALAKUZHA 686 686 ERNAKULAM DISTRICT. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) ERNAKULAM DISTRICT. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MUVATTUPUZHA, ERNAKULAM DISTRICT. 4. THE UNIT INSPECTOR, KOTHAMANGALAM UNIT OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MUVATTUPUZHA, ERNAKULAM DISTRICT. R1 BY ADV. SRI.G.RAJAGOPAL R2 & R3 BY SR.GP.SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.4344 of 2008 ================================== Dated this the 2nd day of April, 2008. JUDGMENT Petitioner challenges Ext.P3. 2. A member of the Bank, of which the petitioner is a President, filed Ext.P1 representation before the Minister for Co- operation, who forwarded it to the Joint Registrar for consideration. The Joint Registrar, in turn, directed the Inspector to conduct an enquiry. Ext.P3 was issued by the Inspector to the Secretary of the society to be present when the Inspector visits the society for inspection. 3. In the counter affidavit it has been stated that different allegations have been WPC4344/2008 -:2:- made against the committee of the society. But Ext.P3 contains only allegations as are referable to the maintenance of a voters list with the names of dead persons and also by continuing to include persons who have changed the residence beyond the area of operation of the society. Barring that, I find only one sentence in Ext.P3 to the effect that large scale manipulations resulting in violation the Co-operative Societies Act and Rules have been made. That statement does not pinpoint any specific allegations. In the aforesaid circumstances, this writ petition is disposed of repelling the challenge of the petitioner, however directing that whatever allegations ultimately turn out to be available against the petitioner or the WPC4344/2008 -:3:- committee, will be put to their notice and they shall be given an opportunity of pre-decisional hearing before taking any statutory action against the committee in office. Writ petition is disposed of accordingly. Thottathil B.Radhakrishnan, Judge. sl. 2-4-2008