K.K.Jinnas vs Joint Registrar Of Co-Operative on 15 January, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1669 of 2007(W)


1. K.K.JINNAS, AGED 49,
                      ...  Petitioner

                        Vs



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

2. ASSISTANT REGISTRAR OF CO-OPERATIVE

3. DEPUTY REGISTRAR (VIGILANCE)BANK LIMITED

                For Petitioner  :SRI.SHAJI CHIRAYATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :15/01/2007

 O R D E R
                          PIUS C.KURIAKOSE, J.

                        ----------------------------------

                      W.P.(C)NO. 1669   of    2007

                        ----------------------------------

                Dated this 15th day of  January, 2007


                                  JUDGMENT

Sri.Shaji Chirayath, the learned counsel for the petitioner

submits that it may not be possible for the petitioner to file any

objection to the proceedings which are proposed under Section

32 of the Co-operative Societies Act unless the petitioner is

supplied with a copy of the enquiry report which is referred to as

item Nos. 5 and 6 in Ext.P1. Sri.P.N.Santhosh, the learned

Government Pleader submits that there is no practice of

supplying parties with copies of the enquiry reports. An enquiry

has been conducted with reference to the records which are

maintained in the office of the petitioner’s society itself. The

learned Government Pleader submits that on 10.1.2007 the

petitioner did not even appear before the Joint Registrar. The

counsel for the petitioner would submit that on 10.1.2007, the

petitioner submitted Exts.P2 and P3 before the Joint Registrar

requesting for seeking copies of the enquiry report and related

papers.

2. I do not propose to go into the eligibility of the

WPC No.1669/2007 2

petitioner to have copies of the enquiry report. But, since

Exts.P2 and P3 have been submitted by the petitioner, this writ

petition will stand disposed of directing the first respondent –

Joint Registrar to take up Exts.P2 and P3 today itself and pass

orders on those applications unless they are not already

rejected. In other words, it is clarified that orders on Ext.P1 will

be passed only after copies of the orders to be passed on Exts.P2

and P3 are served on the petitioner. If orders are already passed

on Exts.P2 and P3, those orders will be served on the petitioner

before any action is taken in response to Ext.P1.

If objections are filed to Ext.P1 today, the first respondent

will consider those objections also before orders are passed.

PIUS C.KURIAKOSE

Judge

dpk

Issue copy today itself.