The Ezhupunna North Coir … vs The Coir Project Officer on 24 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22684 of 2007(A)


1. THE EZHUPUNNA NORTH COIR CO-OPERATIVE
                      ...  Petitioner

                        Vs



1. THE COIR PROJECT OFFICER,
                       ...       Respondent

2. THE COIR INSPECTOR, THURAVOOR,

3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

4. STATE OF KERALA, REPRESENTED BY

5. K.S.PARAMESWARAN,

                For Petitioner  :SRI.JOSE ABRAHAM

                For Respondent  :SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR)

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :24/10/2007

 O R D E R
             THOTTATHIL B.RADHAKRISHNAN,J
            =======================
                   W.P.(C).No.22684 of 2007
              =======================
             Dated this the 24th day of October, 2007


                           JUDGMENT

The writ petitioner, a Co-operative society, challenges

Exts.P4 and P5 by which restoration of membership of the 5th

respondent has been ordered.

2. The counter affidavit of the official respondent

proceeds on the basis that pursuant to the complaint of the 5th

respondent, the officials visited the office of the Society and

took the relevant documents in the presence of the Secretary,

President and a member of the Committee, and that it was on the

basis of those materials that Exts.P4 and P5 were issued.

3. However it is admitted that the Society was not

informed of the reasons for the enquiry and no notice of hearing

has been given.

4. If a member is removed from the membership of the

society, that may lead to adjudication of his right to membership

W.P.(C).No.22684/2007

:2:

and the removal itself would be a subject of that enquiry. The

Society is therefore entitled to be told about the complaint of the

5th respondent. The stand of the Society has to be ascertained

before the official respondents conclude on the issue. No such

hearing having been done, Exts.P4 and P5 are set aside and the

authority which issued Exts.P4 and P5 is directed to take a

decision on the issue after hearing the petitioner Society, the 5th

respondent and any other person entitled to be heard. The plea

of the petitioner Society is that the said official respondent does

not have the jurisdiction to entertain the complaint of the 5th

respondent shall also be considered. A final decision shall be

taken within an outer limit of two months from the date of

receipt of a copy of this judgment.

The writ petition is disposed of accordingly.

THOTTATHIL B.RADHAKRISHNAN, JUDGE

dvs