IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 24TH JUNE 2008 / 3RD ASHADHA 1930 WP(C).No. 18870 of 2008(U) ------------------------------------- PETITIONER: ------------------- P.V.KUNJIKANNAN,DIRECTOR AND HONOURARY SECRETARY, TALIPARAMBA CO-OPERATIVE STORE, TALIPARAMBA PO., KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENTS: ----------------------- 1. THE JOINT DIRECTOR OF CO.OP.SOCIETIES (GENERAL), KANNUR, KANNUR PO., 2. THE PRESIDENT, TALIPARAMBA CO.OP.STORE, TALIPARAMBA PO., KANNUR DISTRICT. BY SENIOR GOVERNMENT PLEADER SMT.ANU SIVARAMAN -R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.18870 of 2008-U = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of June, 2008. JUDGMENT 1.Heard the learned counsel for the petitioner and the learned Senior Government Pleader for the first respondent. Notice to the second respondent is dispensed with preserving its right to move this Court for review of this judgment, if aggrieved. 2.The impugned Ext.P2 is a show cause notice under Section 32(1) of the Kerala Co-operative Societies Act, 1969. Though the present committee is stated to have assumed office only on 25-3- 2007, it will be open to them to point out in answer to Ext.P2 that the allegations made are referable exclusively to the acts and omissions of the previous committee. It would also be possible for them to show on the basis of the WP(C)18870/2008 -: 2 :- materials that they have taken action for due rectification of any situation relatable to erroneous decisions that have led to the allegations in Ext.P2. This, obviously, means that the petitioner is entitled to a fair opportunity of hearing. 3.For the aforesaid reasons, I am not inclined to interfere with the impugned Ext.P2. This writ petition is hence ordered directing that the first respondent will give the petitioner an opportunity of hearing, including by placing materials in support of the contentions before any final decision is taken following Ext.P2. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250608