IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 23RD JANUARY 2008 / 3RD MAGHA 1929 WP(C).No. 1170 of 2008(L) ------------------------------------- PETITIONER: ------------------- THE KIZHAKKOTH SERVICE CO-OPERATIVE BANK LTD.NO. D.1952, PO-KIZHAKKOTH, (VIA) KODUVALLY, KOZHIKODE-673 572, REPRESENTED BY THE PRESIDENT K.K.ABDURAHIMAN. BY ADV. SRI.GEORGE POONTHOTTAM. RESPONDENT: ---------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. *ADDL.R2. M.M. ALIKUTTY, S/O. AMMUKOYA, AGED 61, MOOLAMANNIL HOUSE, P.O. KIZHAKKOTH, KODUVALLI. *ADDL. R2. IS IMPLEADED AS PER ORDER DATED 23/01/2008 IN I.A. NO. 1018/2008. BY GOVT. PLEADER SRI. P.K. RAVIKRISHNAN, ADV. SRI.P.V.KUNHIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1170/2008-L: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE JUDGMENT IN W.P.(C). NO. 23251/2003 DTD. 22/07/2003. EXT.P.2: COPY OF THE COMMUNICATION NO. C.R.P. 6901/07 (1) DTD 26/11/2007. EXT.P.3: COPY OF THE REPLY DTD. 08/12/2007. EXT.P.4: COPY OF THE ORDER NO. C.R.P. 6901/07 DTD. 26/11/2007. EXT.P.5: COPY OF THE ORDER NO. C.R.P. 6901/2007 DTD. 15/12/2007. EXT.P.6: COPY OF THE ORDER NO. C.R.P. 6901/2007 DTD. 03/01/2008. RESPONDENT'S EXHIBIT: EXT.R1.A: COPY OF THE ARC. NO. 124/2003 BEFORE THE ARBITRATOR OF CO.OP. SOCIETIES, TRIVANDRUM. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1170 OF 2008 ------------------------------------------- Dated this the 23rd day of January, 2008 JUDGMENT There is considerable force in the contention of the petitioner that sufficient opportunity has not been extended to place objections in opposition to the show cause notice. The impleaded additional respondent is also contesting the matter. Under such circumstances, this writ petition is disposed of directing that the impugned proceedings shall not be finalised without affording the petitioner sufficient opportunity of being heard. In the light of the interim order dated 9.1.2008 issued at the stage of admission, it is further directed that any order issued on the impugned proceedings, if adverse to the interest of the petitioner society, shall not be implemented for a period of two weeks of the service of that communication on the society. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.