The Trivandrum Co-Operastive … vs Joint Registrar Of Co-Operative on 9 July, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18947 of 2009(K)


1. THE TRIVANDRUM CO-OPERASTIVE DISTRICT,
                      ...  Petitioner

                        Vs



1. JOINT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

                For Petitioner  :SRI.B.S.SWATHY KUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/07/2009

 O R D E R
                        ANTONY DOMINIC, J.
                      ================
                 W.P.(C) NO. 18947 OF 2009 (K)
                 =====================

              Dated this the 9th day of July, 2009

                          J U D G M E N T

Petitioner is aggrieved by Ext.P6. By Ext.P6, respondent has

ordered cancellation of the licence granted for the Kaithamukku

and Poojappura branches of the petitioner society.

2. Petitioner submits that the main activity of the

petitioner is to sell consumer items and domestic requirements to

cater to the requirements of their members at reasonable rates.

It is stated that since 1950, society has been engaged in this

activity, and continues the same with various branches. According

to the petitioner, society is functioning with necessary licences

from local authority. It is stated that on inspection conducted by

the officials of the Corporation, certain defects were pointed out

by Ext.P1 and that those defects were cured and that the same

was communicated as per Ext.P2. It is also stated that in so far as

the licences that are granted under the Prevention of Food

Adulteration Act are concerned, by Exts.P4 and P5, applications

have been made and licence fee also has been paid and that on

that basis, as in the past, they are entitled to continue the

WPC 18947/09
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business.

3. According to the petitioner, it was while so, for political

reasons, making reference to certain wild allegations, Ext.P6 has

been issued by the respondent requiring them to close down the

aforesaid branches. It is also stated that Ext.P6 makes reference

to an investigation by the Vigilance Department (Deputy General

of Police Inspector) and that the said report or the order of the

Registrar of Co-operative Societies has not been disclosed to

them so far.

4. On the other hand, learned Government Pleader on

instruction submits that various complaints were received by the

authorities against the functioning of the branches referred to in

Ext.P6 and finally the Vigilance conducted an inspection on

29/4/2009. It is stated that in the inspection so conducted in the

presence of the officers of the petitioner, various irregularities,

including stale food items that were kept for sale, were found. It

is stated that a report was submitted to the Registrar of Co-

operative Societies and taking into account the urgency of the

situation, the Registrar passed order dated 26/5/2009, directing

cancellation of the licence granted to the branches at

WPC 18947/09
:3 :

Kaithamukku and Poojappura. Government Pleader points out

that it was in implementation of the order dated 26/5/2009

passed by the Registrar that Ext.P6 order was issued by the

respondent.

5. If as stated by the learned Government Pleader,

irregularities were found in the functioning of the branches of the

petitioner and these branches were functioning without licence as

contended, certainly, the Registrar cannot be faulted for the steps

that has been taken. However, the complaint of the petitioner

that none of the materials relied on by the Registrar or the copy

of the order issued were served on the petitioner before issuing

Ext.P6, is certainly a matter which needs to be considered.

However, that is no reason for keeping in abeyance Ext.P6 in view

of the situation as pointed out by the learned Government

Pleader.

6. Therefore, I dispose of this writ petition with the

following directions.

(1) That the Registrar of Co-operative Societies shall, on

the production of a copy of this judgment, disclose to the

petitioner the materials on the basis of which he has passed order

WPC 18947/09
:4 :

dated 26/5/2009, pursuant to which, Ext.P6 order has been

passed by the respondent.

(2) Thereupon, within 10 days thereafter, it will be open to

the petitioner to raise their objections, and thereafter, the

Registrar shall consider the matter afresh with notice to the

petitioner, and if necessary, pass revised orders in the matter.

(3) The whole exercise as above should be completed as

expeditiously as possible, at any rate within 30 days of production

of a copy of this judgment.

(4) Petitioner shall produce a copy of this judgment along

with a copy of this writ petition before the Registrar of Co-

operative Societies for compliance.

ANTONY DOMINIC, JUDGE
Rp