IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 WP(C).No. 37645 of 2010(E) PETITIONER: --------------- THE BOARD OF DIRECTORS OF THE VYAPARI VYAVASAYI SAHAKARANASANGHAM LTD NO.W 21O, WAYANADU, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENTS: --------------- 1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), SULTAN BATHERI, WAYANADU, PIN 673 592. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), WAYANADU ,KALPATTA, WAYANADU DISTRICT,PIN 673 121. SENIOR GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.37645 of 2010 ----------------------------------------- Dated this the 24th day of January, 2011 JUDGMENT Ext.P5 proceedings issued by the Joint Registrar of Co- operative Societies (General) Wayanad on 15.10.2010 authorising the Assistant Registrar of Co-operative Societies (General) Sultan Battery to conduct an enquiry under section 68(1) of the Kerala Co-operative Societies Act is under challenge in this writ petition. The main contention raised by the petitioner is that since Ext.P5 order has been issued pursuant to a report of enquiry submitted under section 65 of the Act, without furnishing a copy of the said report the Enquiry Officer cannot proceed to conduct the enquiry. 2. The learned Government Pleader appearing for the second respondent submits on instructions that a copy of the report of enquiry held under section 65 of the Act has been sent to the Board of Directors of the Vyapari Vyavasayi Sahakaranasangham Ltd., No.W210 on 4.1.2011 and that the first respondent will hear the members of the Board of Directors before passing orders in the matter. The learned Government Pleader W.P(C).No.37645 of 2010 -:2:- also submitted that from the order of surcharge, if passed, the petitioner can move the Government in appeal. In such circumstances I find no grounds to entertain this writ petition. It is accordingly closed without prejudice to the right of the petitioner to put forward all his contentions before the respondents and to challenge the final order passed by the respondents, if the petitioner is aggrieved thereby, in appeal before the Government. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.37645 of 2010 ---------------------------- JUDGMENT 24th January, 2011