IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37336 of 2007(T)
1. MATTOM SERVICE CO-OP.BANK LTD.NO.140,
... Petitioner
Vs
1. JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. SMT.MAGI THOMAS,
For Petitioner :SRI.P.N.MOHANAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :22/03/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P.(C).No.37336 of 2007-T
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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