IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 32940 of 2008(U) -------------------------- PETITIONER(S): --------------- KUTTIYADI CO-OPERATIVE URBAN BANK LTD. NO.D 2660,KUTTIYADI, KOZHIKODE, REPRESENTED BY ITS PRESIDENT/CHAIRMAN. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY (G) KOZHIKODE. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY (G) VADAKARA. 3. THE UNIT INSPECTOR OF THE ASSISTANT REGISTRAR, KUTTIYADI UNIT, OFFICE OF THE CO-OPERATIVE SOCIETIES, VADAKARA. BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32940 OF 2008 ------------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT The petitioner, an urban co-operative bank, states that notices were issued by the first respondent in 2003 regarding certain payments made by it and regarding further inspection in terms of Exts.P5 and P6. It is stated that those proceedings were ultimately dropped and now, Ext.P9 has been issued virtually attempting to re-open those matters. It is further stated that the petitioner applied for a copy of the inspection report however, that the same has not been granted. It accordingly seeks intervention with proceedings initiated as per Ext.P9. Ext.P9 is only a notice. Tentative inferences drawn by statutory officers are matters on which the petitioner has to reply. To aid the petitioner to reply appropriately, it is necessary that all materials relied on in Ext.P9 are put to the petitioner. Therefore, the petitioner cannot be compelled to face proceedings following Ext.P9 without being issued the copies of reports, if any, on the basis of which, the said proceedings have been initiated as per Ext.P9. Hence, it is ordered that no proceedings following WPC.32940/08 Page numbers Ext.P9 shall be concluded without giving the petitioner copies of materials, on the basis of which, Ext.P9 notice has been issued and without affording sufficient opportunity to the petitioner to place its objections on the basis of such materials. The writ petition is disposed of as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.