IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 6TH MAY 2008 / 16TH VAISAKHA 1930 WP(C).No. 13699 of 2008(E) -------------------------- PETITIONER: ------------ THE BOARD OF DIRECTORS OF THE PANMANA SERVICE CO-OPERATIVE BANK LTD.NO.3035, KOLLAKA P.O., KARUNAGAPPALLY, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------- THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM. BY GOVT.PLEADER A.G.ANEETHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.CP(3)50335/05 DTD. 15.6.2006. EXT.P2 TRUE COPY OF THE ORDER NO.CRP 5976/05/K.DIS. DTD.17.11.2005. EXT.P3 TRUE COPY OF THE REPORT DTD.23.10.2007 OF THE VILLAGE OFFICER, PANMANA. EXT.P4 TRUE COPY OF THE APPEAL FILED BEFORE THE DISTRICT COLLECTOR DATED 22.2.2008. EXT.P5 TRUE COPY OF THE ORDER NO.CRP 2633/2007 DTD.17.4.2008. TRUE COPY P.A.TO JUDGE A.K.BASHEER, J. ====================================== WRIT PETITION NO.13699 OF 2008 ====================================== Dated this the 6th day of May 2008 JUDGMENT The Board of Directors of Panmana Service Co-operative Bank Ltd. has preferred this writ petition praying inter alia to issue a writ of mandamus or such other appropriate writ, order or direction to the respondent restraining him from taking action under Section 32 of the Kerala Co-operative Societies Act for supercession of the Board of Directors of the Bank based on the report of inspection, if any, that may be filed on the basis of Ext.P5 order. 2. Learned Special Government Pleader points out that in Ext.P5 order what has been proposed is only to appoint the Assistant Registrar (Planning) to conduct an inspection under Section 66 of the Act. She further submits that the apprehension of the petitioner that the Managing Committee will be superceded is totally misplaced and unwarranted. Unless and until the enquiry officer submits his report, no action will be taken against the petitioner. W.P.(C)13699/2008 2 3. But learned counsel for the petitioner points out that the respondent may initiate action on receipt of the report without affording any opportunity to the petitioner to be heard. 4. In response to the above submission, it is submitted by the learned special Government Pleader that no action will be taken on the basis of the report without hearing the petitioner. The above submission is recorded. 5. It shall be ensured by the respondent that action, if any, pursuant to the report that may be submitted by the enquiry officer shall be taken only after issuing notice and hearing the petitioner. The writ petition is disposed of as above. A.K.BASHEER, JUDGE css/