IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 23855 of 2007(M) --------------------------------------- PETITIONER: ------------------- C.MOHANACHANDRAN, SON OF CHELLAPPAN, PADMAVILASOM, KADAVIL, MURUKKUMPUZHA P.O, TRIVANDRUM. BY ADVS. MR.V.G.ARUN, MR.T.R.HARIKUMAR. RESPONDENTS: ------------------------ 1. THE ENQUIRY OFFICER/INSPECTOR OF CO-OPERATIVE SOCIETIES, THIRUMALA (PATTOM UNIT INSPECTOR) OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRIVANDRUM. 3. MURUKKUMPUZHA SERVICE CO-OPERATIVE BANK, MURUKKUMPUZHA, P.O. TRIVANDRUM, REPRESENTED BY ITS SECRETARY. R1 & R2 BY GOVT. PLEADER MR. K.S. MOHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23855/2007-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 17/07/2007. EXT.P.2: COPY OF THE REPLY FILED BY THE PETITIONER DTD. 30/07/07. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 23855 OF 2007 (M) ===================== Dated this the 20th day of July, 2009 J U D G M E N T Petitioner was the President of the 3rd respondent Society during the period 1988-2002. The Committee which assumed office thereafter was proceeded against and finally was superseded by order passed by the Registrar under Section 32 of the Co-operative Societies Act. 2. It is stated that thereafter Ext.P1 notice was issued to the petitioner and the other members of the Board of Directors, proposing to initiate proceedings under Section 68 of the Kerala Co-operative Societies Act. On its receipt, petitioner filed Ext.P2, where he sought for disclosure of the materials on the basis of which Ext.P1 was issued, the details regarding the individual liability and also for a copy of the report under Section 65 based on which Ext.P1 was issued. 3. From the counter affidavit that is filed, it is seen that the Enquiry officer has already forwarded a copy of the report and the receipt of which has been acknowledged by the petitioner as per Ext.R1(b). If that be so, it is for the petitioner to raise his WPC 23855/07 :2 : contentions before the enquiry officer and it is for the enquiry officer to finally decide the issue. The writ petition is therefore disposed of directing that it will be open to the petitioner to file his objections to Ext.P1, which if filed within one month from today will be accepted and considered by the enquiry officer with notice to the petitioner. It is directed that on that basis final orders will be passed. It is clarified that this Court has not pronounced on the contentions raised on the merits of the controversy and it is entirely for the Registrar to deal with the same. ANTONY DOMINIC, JUDGE Rp