IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 2509 of 2010(K) ------------------------- PETITIONER: ------------------- RAJU K.MATHEWS, ADVOCATE, I.S.PRESS BUILDINGS, COCHIN-18. BY ADVS. SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE SRI.V.C.JAMES RESPONDENTS: ---------------------- 1. STATE OF KREALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, CO-OPERATIVE C DEPARTMENT, THIRUVANANTHAPURAM. 2. THE REGISTRAR CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIE SOCIETIES (GENERAL) ERNAKULAM. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), KANAYANNOOR TALUK, VALANJAMBALAM, ERNAKULAM. 5. SMT.PUSHKALA, THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL),ERNAKULAM. 6. INSPECTOR OF CO-OPERATIVE SOCIETIES, I/C.THE KERALA HIGH COURT ADVOCATES' CO-OPERATIVE SOCIETY LTD.,NO.E.948, O/O.THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL) KANAYANNOOR TALUK, VALANJAMBALAM, ERNAKULAM. 7. THE KERALA HIGH COURT ADVOCATES' CO-OPERATIVE SOCIETY LTD.NO.E-948, HIGH COURT BUILDINGS, HIGH COURT P.O. ERNAKULAM REP.BY ITS HON:SECRETARY. WP(C).No. 2509 of 2010(K) ----------------------------------- 8. ADV.GEORGE CHERIAN,43,1357,ST.BENEDICT, 1ST ST CROSS ROAD, ERNAKULAM NORTH, KOCHI-18. 9. ADV.P.K.SANTHAMMA, DIRECTOR, THE KERALA HIGH COURT ADVOCATES'CO-OPERATIVE SOCIETY LTD., NO.E 948, HIGH COURT BUILDINGS, HIGH COURT P.O. ERNAKULAM. 10. ADV.M.R.NANDA KUMAR, -DO- 11. ADV.ABDUL SALAM .K.A. -DO- 12. ADV.ABOOBACKER, M.K. -DO- 13. ADV.BINDU SREEKUMAR -DO- 14. ADV.GEORGE MECHERIL, -DO- 15. ADV.PAULSON C.VARGHESE, -DO- 16. ADV.C.E.UNNIKIRSHNAN, -DO- R1-6 BY SENIOR GOVERNMENT PLEADER, SRI.ANU SIVARAMAN R7,10 BY ADVS. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY R8 BY ADV. SRI.PHILIP MATHEW R 9, 16 BY ADV. SRI.P.RAMAKRISHNAN R13 BY ADVS. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE SRI.K.HARILAL R15 BY ADVS. SRI.A.JAYASANKAR SRI.MANU GOVIND SMT.B.MEERA R16 BY ADV. SRI.P.RAMAKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2509 of 2010(K) ---------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE TRADING, PROFIT & LOSS ACCOUNT OF THE 7TH RESPONDENT FOR 207-08. EXT.P1(A). COPY OF THE BALANCE SHEET AS ON 31.3.2008 OF THE 7TH RESPONDENTS EXT.P1(B). COPY OF THE RECEIPTS & DISBURSAL STATEMENT OF THE 7TH RESPONDENT FOR 2007-08. EXT.P2. COPY OF THE PETITION DATED 17.1.2009 SUBMITTED BY THE PETITIONER. EXT.P3. COPY OF THE TRADING, PROFIT & LOSS ACCOUNT OF THE 7TH RESPONDENT FOR 2008-09 EXT.P3(A). COPY OF THE BALANCE SHEET AS ON 31.3.2009 OF THE 7TH RESPONDENT. EXT.P3(B). COPY OF THE RECEIPTS & DISBURSAL STATEMENT OF THE 7TH RESPONDENT FOR 2008-09. EXT.P4. COPY OF THE BILL DATED 21.12.2009 . EX.P5. COPY of the LETTER DATED 21.12.2009 SUBMITTED TO THE 7TH RESPONDENT. EXT.P6. COPY OF THE LETTER DATED 8.1.2010 OF THE 3RD RESPONDENT. EXTP7. COPY OF THE LETTER NO.122/09 DATED 19.5.2009 ISSUED BY THE ASSISTANT REGISTRAR (AUDIT) TO THE 4TH RESPONDENT. EXT.P8. COPY OF the REPORT SUBMITTED BY THE 6TH RESPONDENT. EXT.P9. COPY OF THE STOCK VERIFICATION REPORT AS ON 31.3.2009 OF THE 7TH RESPONDENT. RESPONDENT'S EXHIBITS -------------------------------------- EXT.R7(A). PHOTOCOPY OF THE MINUTES OF THE GENERAL BODY MEETING HELD ON 15.10.2008. EXT.R7(B). COPY OF MINUTES OF THE GENERAL BODY MEETING DATED 23.12.2009. / TRUE COPY / P.A. TO JUDGE VK C.K. ABDUL REHIM, J ------------------------------- WP(C) NO. 2509 OF 2010 ------------------------------------- Dated this the 2nd day of December, 2010 JUDGMENT Grievance voiced by the petitioner is that the respondents are not considering the request made by the petitioner through Ext.P2 for exercising powers under Section 65(1)(d) of the Co-operative Societies Act. According to the petitioner the Board of Directors of the 7th respondent Society who are respondents No.8 to 16 herein, have committed gross irregularity in suppressing the real accounts of the 7th respondent society, with respect to the financial year 2008-09. The petitioner had approached the first respondent seeking action on the basis of the above said allegations. But it is the complaint that, inspite of Ext.P2 request submitted as early in January, 2009, no action as contemplated under Section 65 (1) (d) was initiated. 2. Government Pleader appearing on behalf of the respondents 1 to 4 as well as the counsel appearing for 2 WP(C) No. 2509/2010 the 7th respondent submitted that, they have no objection in the matter being considered by the 3rd respondent who is the competent authority. Counsels representing other respondents are also conceding the above stand. It is submitted by learned Government Pleader that Ext.P2 will be considered by the 3rd respondent and a decision thereof will be taken in accordance with law. The said submission is recorded. 3. Under the above circumstances, the Writ Petition is disposed of directing the 3rd respondent to consider Ext.P2 representation with appropriate notice to the petitioner and all other persons concerned and to take a decision thereof as early as possible at any rate within a period of two months from the date of receipt of a copy of this judgment. C.K. ABDUL REHIM JUDGE dnc