IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 851 of 2006(B)
1. M.G.SUKUMARAN, S/O.GOPALAN,
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THRISSUR DISTRICT CO-OPERATIVE HOSPITAL
For Petitioner :SMT.DAISY THAMPI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :12/09/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
-------------------------------------------
WPC.NOs.851 & 1074 OF 2006
& COC.No.83 OF 2006
-------------------------------------------
Dated this the 12th day of September, 2007
JUDGMENT
These matters relate to a society, viz., Thrissur Co-
operative District Hospital Society Ltd No.R.306. During the
consideration of these matter, having regard to the directions
issued in W.P(C).20259/05 and the various controversies that
had gained attention, an order was issued on 6.6.2007 bringing
on record the members of the Board of Directors of that society
as additional respondents in W.P(C).851/06 and in W.P(C).
1074/06. That order dated 6.6.2007 will stand appended to this
judgment.
2. Following the aforesaid, the impleaded members of the
Board of Directors in office have also been heard.
3. To put a rough sketch of the situation in hand, it has to be
noticed that certain directions were issued by this Court in
WPC.851/06 & con. cases
Page numbers
relation to an enquiry. This was followed by a report being
rendered by one Sri.B.Bhuvanachandran. Controversies arose as
to whether the directions of this Court were complied with by
that officer in making the report. Thereafter, following
directions issued by this Court on the allegations as to
manipulation of records, another report has come on record, . It
is also pointed out that there was another proceeding, in which,
there is a report by the vigilance wing of the police department.
4. The bone of contention between the parties center round
the alleged manipulation of records and also the manner in
which the funds of the society have been dealt with. There is
also a case for some of the parties that the funds about which
complaints are made of are not really funds of the society, but
donations in the form of equipments by the District Co-operative
Bank.
5. Having regard to the aforesaid circumstance and due
regard being had to the parameters of authority of the Registrar
of Co-operative Societies and of being appraised by the learned
WPC.851/06 & con. cases
Page numbers
Special Government Pleader for Co-operation as to the
availability of the reports on record, these matters are disposed
of directing that the Registrar of Co-operative Societies
(General) will take up all the matters in relation to these cases,
affecting the aforesaid society and render appropriate decision
and action, as may be necessary, in accordance with law. The
final decision as above shall be arrived at within an outer limit of
two months from the date of receipt of a copy of this judgment.
Needless to say the necessary parties will be extended
opportunity of being heard.
In the nature of the aforesaid disposal, the reports provided
in sealed cover and the departmental file have not been perused
by this Court and are hereby returned to the learned Special
Government Pleader for Co-operation.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.
WPC.851/06 & con. cases
Page numbers
=======================
THOTTATHIL B. RADHAKRISHNAN, J
WPC.NOs.851 & 1074 OF 2006
& COC.No.83 OF 2006
JUDGMENT
12th SEPTEMBER, 2007.
=======================