IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 29TH JULY 2008 / 7TH SRAVANA 1930 WP(C).No. 22860 of 2008(U) -------------------------- PETITIONER: ------------ BOARD OF MANAGEMENT OF THE ATHOLI VANITHA CO-OPERATIVE SOCIEITY LTD NO.D.2841, ATHOLI,KOZHIKODE REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.P.P.JACOB RESPONDENTS: ------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), QUILANDI, KOZHIKODE. BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22860 OF 2008 ------------------------------------------- Dated this the 29th day of July, 2008 JUDGMENT Heard learned counsel for the petitioner and learned senior Government Pleader quite in extenso. Ext.P1 is vague as it can be. No specific details regarding any allegation or ground is stated in Ext.P1. Notwithstanding that, the petitioner has gracefully filed Ext.P2 on certain assumptions regarding the identity of the transactions which are referred to in Ext.P1. It is unfortunate that the Joint Registrar has chosen to issue Ext.P1, which, going by any standards of administrative law, is noting but cryptic. Be that as it may, Ext.P2, having been placed by the petitioner, the Joint Registrar will hear the petitioner by affording a further opportunity after putting to it in writing as to what are the specific grounds or transactions, on the basis of which, the proposed step is sought to be taken under the Act and Rules. A final decision shall be rendered only after giving sufficient opportunity to the petitioner to meet the entire allegations made against it. WPC.22860/08 Page numbers Having regard to the totality of the facts and circumstances, I am satisfied that Ext.P1 is initiated without even concluding prima facie that there were grounds to do so. Under such circumstances, I am inclined to further direct that any final decision on the basis of Ext.P1 shall not be given effect to for a period of two weeks from the service of the same on the petitioner. Writ petition ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.29/7.