IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH SEPTEMBER 2008 / 13TH BHADRA 1930 WP(C).No. 11702 of 2008(R) -------------------------------------- PETITIONER: -------------------- C.G.SIVARAJAN NAIR, THEKKUMTHALA, KEEZHUVAYPUR P.O. BY ADV. SRI.P.RAVINDRAN (SR.) SRI.D.SOMASUNDARAM RESPONDENTS: ----------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA. 2. THE PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTD., PATHANAMTHITTA. IS IMPLEADED AS ADDITIONAL R2 AS PER ORDER DATED 25-6-2008. SPL.GOVT.PLEADER SMT.A.G.ANEETHA FOR R1 SRI.P.C.SASIDHARAN FOR ADDITIONAL R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ----------------------------------------------- W.P.(C) NO.11702 OF 2008 (R) ----------------------------------------------- Dated this the 4th day of September, 2008 J U D G M E N T The petitioner is a member of the committee of the Thiruvalla East Co-operative Bank. The first respondent Joint Registrar, as per the impugned order adjudged him as a defaulter in terms of Rule 44(1)(c) of the Kerala Co-operative Societies Rules. That Rule is subject to the proviso that such disqualification shall be deemed to be accrued only after expiry of a period of one month from the date of receipt by the member concerned, of notice, from the society, demanding him to clear off the defaulted amount specified therein and he fails to remit or cause remittance of that amount within the said period - see Salim V.Joint Registrar [1998(2) KLT 665]. That society, for the purpose of the case in hand, was impleaded as the second respondent for the purpose of placing on record, the necessary documents from the W.P.(C) No.11702/2008 - 2 - loan file for further consideration of the case, after I perused the files in relation to the case, as placed before me by the Special Government Pleader. 2. Following that order, the second respondent has filed counter affidavit, by which, it appears that the petitioner's signature occurring in the postal article on the basis of which, it is found that he had received notice forming cause of action on the impugned proceedings requires a second look. I do not wish to express anything on merits further on the quality of the material or counter affidavit of the second respondent or the allegations against the petitioner, which formed the foundation into the impugned action. The disputed question in that regard has to be examined by the first respondent. I say so because going by Ext.P6 order, the first respondent noticed the contention of the petitioner that he had not obtained any notice relating to any default loan transaction. W.P.(C) No.11702/2008 - 3 - That contention has been over-ruled by the Joint Registrar by stating, in one sentence: This one line contention is insufficient to reflect the quality of appreciation of the materials in support of any decision, either way, on the facts in hand. The dispute has to be resolved and a decision rendered expressing the reason why the Joint Registrar takes a particular view on facts and evidence. It is unnecessary for this Court to further express anything on merits, regarding the materials, because that would, only somehow or the other, interfere with the decision making process of the Joint Registrar, since the impugned order is being set aside and the proceedings W.P.(C) No.11702/2008 - 4 - are to be concluded by the Joint Registrar de novo, at the earliest. For the aforesaid reasons, Ext.P6 is set aside, without expressing anything on merits and the Joint Registrar is directed to reconsider the case and take a decision, within an outer limit of 45 days, in accordance with law, after giving the petitioner an opportunity of being heard and also after calling necessary files, if required. However, such material shall be put to the petitioner, if it is to be used against him. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/4/9 // True copy // P.A. to Judge.