IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 18947 of 2009(K) -------------------------- PETITIONER(S): ------------------ THE TRIVANDRUM CO-OPERASTIVE DISTRICT, WHOLESALE SOCIETY LTD.NO.4,SASTHAMANGALAM.PO, THIRUVANANTHAPURAM,REPRESENTED BY ITS MANAGING DIRECTOR-IN-CHARGE. BY ADV. SRI.B.S.SWATHY KUMAR SMT.P.A.ANITHA RESPONDENT(S): ------------------- JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,(GENERAL),THIRUVANANTHAPURAM. GOVT.PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 18947 OF 2009 (K) ===================== Dated this the 9th day of July, 2009 J U D G M E N T Petitioner is aggrieved by Ext.P6. By Ext.P6, respondent has ordered cancellation of the licence granted for the Kaithamukku and Poojappura branches of the petitioner society. 2. Petitioner submits that the main activity of the petitioner is to sell consumer items and domestic requirements to cater to the requirements of their members at reasonable rates. It is stated that since 1950, society has been engaged in this activity, and continues the same with various branches. According to the petitioner, society is functioning with necessary licences from local authority. It is stated that on inspection conducted by the officials of the Corporation, certain defects were pointed out by Ext.P1 and that those defects were cured and that the same was communicated as per Ext.P2. It is also stated that in so far as the licences that are granted under the Prevention of Food Adulteration Act are concerned, by Exts.P4 and P5, applications have been made and licence fee also has been paid and that on that basis, as in the past, they are entitled to continue the WPC 18947/09 :2 : business. 3. According to the petitioner, it was while so, for political reasons, making reference to certain wild allegations, Ext.P6 has been issued by the respondent requiring them to close down the aforesaid branches. It is also stated that Ext.P6 makes reference to an investigation by the Vigilance Department (Deputy General of Police Inspector) and that the said report or the order of the Registrar of Co-operative Societies has not been disclosed to them so far. 4. On the other hand, learned Government Pleader on instruction submits that various complaints were received by the authorities against the functioning of the branches referred to in Ext.P6 and finally the Vigilance conducted an inspection on 29/4/2009. It is stated that in the inspection so conducted in the presence of the officers of the petitioner, various irregularities, including stale food items that were kept for sale, were found. It is stated that a report was submitted to the Registrar of Co- operative Societies and taking into account the urgency of the situation, the Registrar passed order dated 26/5/2009, directing cancellation of the licence granted to the branches at WPC 18947/09 :3 : Kaithamukku and Poojappura. Government Pleader points out that it was in implementation of the order dated 26/5/2009 passed by the Registrar that Ext.P6 order was issued by the respondent. 5. If as stated by the learned Government Pleader, irregularities were found in the functioning of the branches of the petitioner and these branches were functioning without licence as contended, certainly, the Registrar cannot be faulted for the steps that has been taken. However, the complaint of the petitioner that none of the materials relied on by the Registrar or the copy of the order issued were served on the petitioner before issuing Ext.P6, is certainly a matter which needs to be considered. However, that is no reason for keeping in abeyance Ext.P6 in view of the situation as pointed out by the learned Government Pleader. 6. Therefore, I dispose of this writ petition with the following directions. (1) That the Registrar of Co-operative Societies shall, on the production of a copy of this judgment, disclose to the petitioner the materials on the basis of which he has passed order WPC 18947/09 :4 : dated 26/5/2009, pursuant to which, Ext.P6 order has been passed by the respondent. (2) Thereupon, within 10 days thereafter, it will be open to the petitioner to raise their objections, and thereafter, the Registrar shall consider the matter afresh with notice to the petitioner, and if necessary, pass revised orders in the matter. (3) The whole exercise as above should be completed as expeditiously as possible, at any rate within 30 days of production of a copy of this judgment. (4) Petitioner shall produce a copy of this judgment along with a copy of this writ petition before the Registrar of Co- operative Societies for compliance. ANTONY DOMINIC, JUDGE Rp