IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 37336 of 2007(T) --------------------------------------- PETITIONER(S): ----------------------- MATTOM SERVICE CO-OP.BANK LTD.NO.140, P.O.MATTOM-680 602, THRISSUR, REPRESENTED BY ITS PRESIDENT. BY ADV. MR.P.N.MOHANAN RESPONDENT(S): -------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THRISSUR. 2. SMT.MAGI THOMAS, MULLAKKAL HOUSE, MATTAM P.O.-680 302, THRISSUR. R1 BY GOVERNMENT PLEADER MR.P.M. MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 37336/2007-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE OTS CIRCULAR 9/2006 DATED 27/02/2006. EXT.P2: COPY OF THE LETTER DATED 08/12/2006 ISSUED BY THE 2ND RESPONDENT. EXT.P3: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 27/02/2007 OF THE 1ST RESPONDENT. EXT.P5: COPY OF THE NOTICE DATED 21/11/2007 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.37336 of 2007-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of March, 2010. Judgment The petitioner, a co-operative bank, challenges the action leading to the issuance of Ext.P5 notice invoking Section 66 of the KCS Act. The Joint Registrar of Co-operative Societies has issued the impugned Ext.P5 without making any reference to any material on the basis of which such enquiry is deemed necessary or called for. All that has been said is that it has been found necessary to have such an enquiry conducted on the premise that interest is being collected by the bank in violation of the directions contained in the circulars. The documents that led to Ext.P5 apparently show that a creditor had brought up a complaint that led to the impugned action. The contents of Ext.P5 do not also disclose the period during which or about which the enquiry is to be conducted. Having regard to WPC37336/07 -: 2 :- the fact that no independent opinion has been formed on the basis of any relevant materials which could have been acted upon by the Joint Registrar and the impugned order having been issued without any specific ground referable to any particular action of the bank, it has to be held that the impugned action is without the authority of law - see Ellakkal Service Co- operative Bank v. State of Kerala, 1997(2) KLT 85 and Cheranellur Co-operative Society Ltd. v. Deputy Registrar, 1976 KLT 353. For the aforesaid reasons, the writ petition succeeds. The impugned Ext.P5 is quashed. The writ petition allowed accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/2303