IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22527 of 2011(M) -------------------------------------- PETITIONER: ------------------- 1. THE CENTRAL EXCISE EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD.,NO.E.674,CENTRAL REVENUE BUILDING, I.S.PRESS ROAD,ERNAKULAM,KOCHI-682 018, REPRESENTED BY IT'S SECRETARY. 2. THE BOARD OF DIRECTORS,NO.E.674,CENTRAL REVENUE BUILDING,I.S.PRESS ROAD,ERNAKULAM, KOCHI, PIN-682 018,REPRESENTED BY IT'S PRESIDENT. BY ADVS. SRI.N.K.SUBRAMANIAN, SRI. S. ANANTHAKRISHNAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, CO-OPERATION (C)DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),ERNAKULAM,KOCHI, PIN -682 016. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),ERNAKULAM,KOCHI, PIN -682 016. 4. THE INSPECTOR OF CO-OPERATIVE SOCIETIES, THRIPUNITHURA UNIT,ATTACHED TO THE O/O ASSISTANT REGISTRAR OF CO-OP.SOCIETIES(G),KANAYANNUR SAHAKARANA BHAVAN,ERNAKULAM,KOCHI, PIN -682 016. R1 TO R4 BY GOVT. PLEADER SRI. MOHAMMED SHAFI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22527/2011-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO.8616/C2/2011/CO-OP. DT. 23/07/11 BY R.1. EXT.P.2: COPY OF THE ORDER NO. C.R.B/674/09 DT. 03/06/11 BY R.2. EXT.P.3: COPY OF THE ORDER NO. C.R.B.674/09 DT. 25/07/11 BY R.2. EXT.P.4: COPY OF THE BYLAWS OF THE P.1. SOCIETY. EXT.P.5: COPY OF THE STATEMENT OF GROWTH OF SOCIETY PREPARED BY THE PETITIONERS. EXT.P.6: COPY OF THE INSPECTION REPORT DT. 09/07/10 BY R.4. EXT.P.7: COPY OF THE APPEAL DT. 04/07/11/ FILED BY PETITIONERS BEFORE R.1. EXT.P.8: COPY OF THE APPLICATION FOR STAY DT. 04/07/11. EXT.P.9: COPY OF THE LETTER NO.N/1132/10 DTD. 10/08/11. EXT.P.10: COPY OF THE REPRESENTATION DT. 11/08/11 BEFORE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.22527 of 2011 ------------------------------- Dated this the 22nd day of August, 2011 J U D G M E N T Ext.P1 Government letter whereby the petitioners were informed that their request for staying the operation of Ext.P2 order stands rejected, Ext.P2 order issued by the Joint Registrar of Co- operative Societies (General) Ernakulam appointing an officer in the rank of Assistant Registrar of Co-operative Societies to conduct an enquiry under section 68(1) of the Kerala Co-operative Societies Act and Ext.P3 order dated 25.7.2011 issued by the second respondent changing the enquiry officer in view of the fact that earlier officer was transferred are under challenge in this writ petition. 2.The main contention raised by the petitioners is that before Ext.P1 order was passed rejecting the prayer for interim relief, the petitioners were not heard. The petitioners also challenge the appointment of an officer in the rank of Assistant Registrar of Co- operative Societies as the enquiry officer. It is contended that the power to hold an enquiry under section 68(1) of the Kerala Co- operative Societies Act has not been delegated to the Assistant Registrar of Co-operative Societies, and therefore the Joint Registrar of Co-operative Societies cannot appoint an Assistant Registrar of Co- W.P.(C) No.22527 of 2011 2 operative Societies to conduct the section 68(1) enquiry. 3. When the writ petition came up for hearing today, the learned Government Pleader appearing for the respondents submitted on instructions that the issue regarding the validity of Exts.P2 and P3 is to be considered by the Government in the appeal and before the Government considers the validity of the said orders, this Court may not consider and pronounce upon their validity. The learned Government Pleader also submitted that such being the situation, as the petitioners were not heard before Ext.P1 order was passed rejecting the stay petition, the Government will hear the petitioners on Ext.P8 application for stay filed along with Ext.P7 appeal and pass fresh orders thereon within one week from today. In such circumstances, leaving open the merits of the contentions regarding the validity of Exts.P2 and P3 orders, I dispose of the writ petition with a direction to the Government to re-consider the petitioners' application for stay (Ext.P8) filed along with Ext.P7 appeal which arose from Exts.P2 and P3 orders and pass fresh orders on the stay petition, after affording the petitioners an opportunity of being heard. Revised orders on the stay petition shall be passed expeditiously and in any event within two weeks from today. Till fresh orders are passed on application for stay (Ext.P8), as directed above, W.P.(C) No.22527 of 2011 3 further proceedings pursuant to Exts.P2 and P3 orders shall be kept in abeyance. Registry to issue a certified copy of this judgment to the learned counsel appearing for the petitioners and the learned Government Pleader appearing for the respondents, if applied for, today itself. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.22527 of 2011 JUDGMENT Dated:- 22nd August, 2011 --------------------------------------