IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD SEPTEMBER 2008 / 12TH BHADRA 1930 WP(C).No. 26682 of 2008(B) -------------------------- PETITIONER: ------------ THE PRESIDENT, KARIKKAMANCODE SERVICE CO-OPERATIVE BANK LTD, NO.1119, KUDAYAL.P.O. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS: ------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (G), THIRUVANATHAPARAM. 2. THE UNIT INSPECTOR, VIZHINJAM UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), NEYYATTINKARA, THIRUVANANTHAPURAM. R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rtr THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.26682 of 2008-B = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 3rd day of September, 2008. JUDGMENT The petitioner challenges the initiation of proceedings as per Exts.P2 to P4. The short ground is that the report under Section 66 which is stated to be the foundation of initiation of action under Section 68(1), has not been served and that the petitioner apprehends that he will be deprived of opportunity of being heard. While it is indisputable that a society and its President are entitled to the enquiry report, there can be no dispute that surcharge orders etc. cannot be issued without an opportunity of pre-decisional hearing being extended to persons against whom proceedings are initiated. Under such circumstances, on production of a copy of this judgment, the competent authority will give WP(C)26682/2008 -: 2 :- a copy of the report, if not already issued and further proceedings would be finalized after affording an opportunity of being heard in accordance with law. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050908