IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 36871 of 2004(M) --------------------------------------- PETITIONER: ------------------- PRABHAKARAN, S/O.KUNJIRAMAN, KURIPPATUPARAMBU, COCHIN-2. BY ADV. SRI.P.P.JACOB. RESPONDENTS: ----------------------- 1. BOARD OF DIRECTORS OF THE MATTANCHERRY SARVAJANIC CO-OPERATIVE BANK LTD.NO.3284, COCHIN-2, REP. BY ITS PRESIDENT. 2. MATTANCHERRY SARVAJENIC CO-OPERATIVE BANK LTD.NO. 3284, COCHIN-2 REP. BY ITS SECRETARY. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), COCHIN. R3 & R4 BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN, R1 & R2 BY ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR), R1 & R2 BY ADV. SRI.T.A.RAJAN, R1 & R2 BY ADV. SRI.JOICE GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36871/2004-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DETAILS OF AUDIT ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.2: COPY OF THE PETITON SUBMITTED BY THE PETITIONER TO THE R.3. DTD. 28/01/04. EXT.P.3: COPY OF THE JUDGMENT IN W.P.(C).8540/04 DTD. 03/08/04. EXT.P.4: COPY OF THE ORDER ISSUED BY R.3. TO THE PETITIONER DTD. 18/10/2004. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO THE R.3. DTD. 23/10/2004. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE JUDGEMENT DTD. 14/06/04 IN O.P. NO. 7073/1996 OF THIS HONOURABLE COURT. EXT.R1.B: COPY OF THE ORDER DTD. 29/10/02 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. //TRUE COPY// P.A. TO JUDGE. prv. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.36871 of 2004 ================================== Dated this the 17th day of July, 2008. JUDGMENT Petitioner is a member of the second respondent co-operative bank. He complained about illegalities and irregularities in the affairs of the bank. That led to proceedings under Section 65 of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the “Act”. According to him, the situation in hand is one which ought to have generated proceedings under Section 68 of the Act. Though Section 65 proceedings have been commenced, that has not been completed. Respondents 3 and 4 are therefore directed to expedite proceedings under Section 65 and have proceedings, if found necessary, under the other relevant provision of the Act, including Section 68, if such proceedings are necessary in the interest of the establishment in question. If such WPC36871/04 -:2:- recourse is taken, that shall be untrammelled by anything stated herein. Let the needful be done within a period of six months from the date of receipt of a copy of this judgment. Writ petition is disposed of in the above terms. Thottathil B.Radhakrishnan, Judge. sl.19.7