IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 25541 of 2009(K) PETITIONER(S): 1. KADUPALI AVARAN,(MEMBERSHIP NO.A11719), S/O. MUHAMMED, KAKKULAM, PANDIKKAD P.O., MALAPPURAM DISTRICT 676 521, 2. NALLUR NAZAR, (MEMBERSHIP NO.A11664), S/O. KUNHIMUTTY, P.O. PANDIKKAD, MALAPPURAM DISTRICT. 3. KOPPATH ABBAS, (MEMBERSHIP NO. A11612), S/O. KUNHALI, P.O. PANDIKKAD, MALAPPURAM DISTRICT. BY ADV. SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN RESPONDENT(S): 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MALAPPURAM. 2. THE KARUVARAKUNDU SERVICE CO-OPERATIVE BANK LTD., NO.F1191, P.O. KARUVARAKUND, MALAPPURAM DISTRICT 676 523, REP. BY ITS SECRETARY. 3. THE ASSISTANT REGISTRAR (GENERAL), MANJERI. 4. M.S. RAMACHANDRAN ASARI, ASSISTANT REGISTRAR (GENERAL), MANJERI (OFFICIATING AT PRESENT), (SECTION 65 ENQUIRY OFFICER, KARUVARAKUNDU SCB). 5. O.P. SAIDALAVI, MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD., (DEPUTED AS CHIEF EXECUTIVE, THE KARUVARAKUNDU SERVICE CO-OPERATIVE BANK LTD., NO. F 1191, P.O. KARUVARAKUND). BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No.25541 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 9th September, 2009. J U D G M E N T The petitioners, who are members of the 2nd respondent-Bank are challenging Ext. P5 order of the 1st respondent under Section 65 of the Kerala Co-operative Societies Act on the ground that the petitioners have not been afforded an opportunity of being heard before passing Ext. P5 order. The basis of the contention of the petitioners is Ext. P2 judgment in W.P(C) No. 37549/2008 filed by another member, in which this Court had directed that orders shall be passed after hearing the petitioner, respondents 2, 4 and 5 in that writ petition and any other person entitled to be heard in that regard. The petitioners' contention is that as members of the Society, they are entitled to be heard. 2. I am unable to countenance such a contention. The Kerala Co-operative Societies Act does not contemplate hearing of members of a Society before passing orders under Section 65. Therefore, there is no merit in the challenge against Ext. P5 order on the ground that the petitioners were not heard. Accordingly, the writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.