IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 181 of 2007()
1. THE KANDALLOOR FARMERS SERVICE
... Petitioner
2. THE BOARD OF DIRECTORS OF
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
For Petitioner :SRI.S.SREEKUMAR
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :14/06/2007
O R D E R
H.L. DATTU, C.J. & K.T. SANKARAN, J.
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W.A.No.181 of 2007
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Dated, this the 14th day of June, 2007
JUDGMENT
H.L. DATTU, CJ.
This appeal is filed against the orders passed by a learned Single
Judge in W.P.(C) No.341/2007 dt. 4.1.2007. The learned Judge, while
disposing of the writ petition, has only stated that the notice issued by the
Joint Registrar, Co-operative Societies, is in the nature of a show cause
notice and the petitioners would have all the liberties to file their objections,
if any, to the said notice including the request to drop the proceedings.
2. We have also perused Ext.P1 notice. It is in the nature of a
show cause notice to the petitioners asking them to show cause as to why
enquiries should not be held against them. At this stage it is not
appropriate for this court to interfere with such notice unless the notice is
issued by a person who have no jurisdiction to issue such notice. In the
writ petition the petitioner does not say that the authority who had issued
the notice is not competent to issue such notice. In that view of the matter,
in our opinion, the writ petition filed by the petitioner is only premature.
Taking that aspect of the matter into consideration, the learned Single
Judge is fully justified in rejecting the writ petition. Accordingly the
following:
W.A.No.181/2007 2
Order
The writ appeal requires to be rejected and it is rejected. We are
informed that the petitioners have already filed their objections. If that is
so, the respondents will consider the same in accordance with law, after
affording an opportunity of hearing to the petitioners. The petitioners are
at liberty to urge all such contentions which are available to them including
their contentions against Ext.P2. Ordered accordingly.
H.L. DATTU,
CHIEF JUSTICE.
K.T. SANKARAN,
JUDGE.
mt/