K.V. Kandamuthan vs The Deputy Director on 30 April, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13953 of 2010(T)


1. K.V. KANDAMUTHAN, MANALIKKAD VEEDU,
                      ...  Petitioner

                        Vs



1. THE DEPUTY DIRECTOR,
                       ...       Respondent

2. CHERAMANGALAM KSHEERA VYVASAYA

                For Petitioner  :SRI.N.RAGHURAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :30/04/2010

 O R D E R
                        P.N.RAVINDRAN, J.
                      ----------------------------
                     W.P.(C)No.13953 of 2010
                      ----------------------------
                       Dated 30th April, 2010

                             JUDGMENT

The petitioner is a member of the Board of Directors of the

second respondent society. In this writ petition he challenges Ext.P1

show cause notice issued by the first respondent on 11.3.2010

calling upon him to show cause why he should not be disqualified

under Rule 44 of the Kerala Co-operative Societies Rules, 1969.

2. Though the petitioner challenges Ext.P1 on various

grounds, when the writ petition came up for hearing today, the

learned counsel for the petitioner submitted that leaving open the

petitioner’s contentions, the first respondent may be directed to pass

orders on Ext.P1 only after affording the petitioner an opportunity of

being heard. The learned counsel for the petitioner submitted that

under Rule 44(3) of the Kerala Co-operative Societies Rules, 1969,

the person against whom proceedings are initiated is entitled to be

heard. The learned counsel also submitted that in such

circumstances, the writ petition may be disposed of with a direction

to the first respondent to hear the petitioner before passing orders

on Ext.P1. The learned Government Pleader appearing for the

WP(C).No.13953/2010 2

respondents did not seriously oppose the said request.

In the light of the aforesaid submissions, I dispose of this

writ petition with a direction to the first respondent to afford the

petitioner a reasonable opportunity of being heard in person before

passing orders on Ext.P1, if as on today orders have not been

passed. If orders have already been passed, the first respondent

shall communicate a copy thereof to the petitioner expeditiously.

The petitioner’s right to challenge the order passed by the first

respondent in other appropriate proceedings is kept open.

P.N.RAVINDRAN
Judge

TKS