IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 5523 of 2011(M) ------------------------- PETITIONER(S): --------------- 1. V.R.PONNAPPAN, MANGALATH HOUSE, KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. 2. T.V.THAMPY, THOTTUPURATH, KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. 3. E.D.PURUSHAN, EDAKKATTIL, KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. 4. T.V.CHITHRAJAN, THEKKEPARAMBIL, KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. 5. K.K.MAHESAN, VILLAMVELI, KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. 6. S.KRISHNAMMA, PUTHENPURAYIL, KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. THE ASSISTANT REGISTRAR, PROJECT OFFICE (COIR) ALAPPUZHA 688 001 2. THE PROJECT OFFICER (COIR), PROJECT OFFICE (COIR) ALAPPUZHA 688 001 WP(C).No. 5523 of 2011(M) 2 3. THE COIR INSPECTOR, OFFICE OF THE COIR INSPECTOR, CHERTHALA, ALAPPUZHA 688 524 4. THE KAYIPPURAM C.V.C.S. LTD., NO.A 761, REPRESENTED BY ITS SECRETARY , KAYIPPURAM, MUHAMMA P.O., ALAPPUZHA 688 525 GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5523 of 2011(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE BILL NO.1134 DATED 16.1.2010 EXT.P1(a) TRUE COPY OF THE BILL NO.1135 DATED 23.1.2010 EXT.P1(b) TRUE COPY OF THE BILL NO.1166 DATED 3.7.2010 EXT.P1(c) TRUE COPY OF THE BILL NO.1173 DATED 31.7.2010 EXTP2. TRUE COPY OF THE PROCEEDING DATED 19.1.2010 OF THE 2ND RESPONDENT. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.5523 of 2011 ----------------------------------------- Dated this the 31st March, 2011 JUDGMENT The petitioners are members of the managing committee of the 4th respondent society, a society registered under the Kerala Co-operative Societies Act, 1969, hereinafter referred to as 'the Act' for short. In this writ petition they challenge Ext.P2 order issued by the second respondent surcharging them under section 68(2) of the Act. The main contention raised by the petitioners is that though Ext.P2 order was passed pursuant to a report of inspection held under section 66, before the impugned order was passed no notice in terms of sub-section (1) of section 68 of the Act and sub-rule (7) of rule 66 of the Kerala Co-operative Societies Rules, 1969 was issued to them. 2. Sri.Basant Balaji, learned Government Pleader appearing for respondents 1 to 3, submitted on instructions that after the report of inspection held under section 66 was received, the second respondent straight away issued Ext.P2 order without following the procedure prescribed in sub-section (1) of section 68 W.P(C).No.5523 of 2011 -:2:- of the Act. The learned Government Pleader also submitted that the second respondent will proceed afresh in accordance with law after issuing notice to the parties. In the light of the admitted fact that before the impugned order was passed, the procedure prescribed under sub-section (1) of section 68 of the Act was not followed, I am of the opinion that the petitioners are entitled to the relief prayed for. I accordingly allow the writ petition and quash Ext.P2. It will be open to the second respondent to proceed afresh in accordance with law after issuing notice to the parties. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.5523 of 2011 ---------------------------- JUDGMENT 31st March, 2011