Dismissed

Changanacherry Rubber Marketing Co-Op. v. Joint Registrar of Co-Op. Societies(G)

Kerala HC26 Oct 2010WA/1363/2010

Case brief

AI extract

What is this about?

The Court held that the learning single Judge was correct in ruling that the Registrar could order an enquiry under Section 66(2) of the Kerala Co-operative Societies Act based on complaints by employees in salary arrears, as they are creditors.

What did the court decide?

Writ Appeal dismissed leaving freedom to respondents to take appropriate action based on the enquiry report.

Changanacherry Rubber Marketing Co-Op. Vs Joint… — Writ and Judicial Review | Kerala HC (2010)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN

¶3

TUESDAY, THE 26TH OCTOBER 2010 / 4TH KARTHIKA 1932

¶4

WA.No. 1363 of 2010() --------------------AGAINST THE JUDGEMENT/ORDER IN WPC.22050/2010 Dated 16/07/2010 ....................

¶5

APPELLANT(S): PETITIONER

¶6

¶7

CHANGANACHERRY RUBBER MARKETING COOPERATIVE SOCIETY, LTD.NO.K.364, REPRESENTED BY PRESIDENT, KARUKACHAL.P.O., KOTTAYAM. BY ADV. SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI

¶8

RESPONDENT(S): RESPONDENT -------------------------

¶9

JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM.

¶10

BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN

¶11

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 26/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶12

C .N. RAMACHANDRAN NAIR, &

¶13

K. SURENDRA MOHAN, JJ.

¶14

W.A. No. 1363 of 2010

¶15

Dated this the 26th day of October, 2010

¶16

JUDGMENT

¶17

Ramachandran Nair, J.

¶18

The question raised in the Writ Appeal is whether the learned single Judge was right in holding that the Registrar of Co-operative Societies could order enquiry against a society under Section 66(2) of the Kerala Co-operative Societies Act based on a complaint filed by it's employees who are not paid salary/wages. The learned single Judge took note of the fact that the section authorises enquiry either suo motu by the Registrar or on complaint from a creditor. In the first place, the learned single Judge found that employees who are in arrears of salary are creditors of the society and so much so they could themselves file a petition for holding enquiry. Further, in this case, the complaint filed by the employees was acted upon by the Registrar in exercise of his suo motu power for ordering enquiry. This position is also seen decided by this Court vide judgment in SADSIVAN K.G., V. JOINT REGISTRAR, ILR (2008) 1 Ker. 64. We do not find any justification

¶19

WA 1363/2010

¶20

¶21

to take a different view from what is taken by the learned single Judge, which finds support in the earlier judgment of this Court. Government Pleader submitted that enquiry is over and a copy of the report is also filed in this Court based on interim orders issued by the Division Bench. We do not think there is any need for us to look into the enquiry report because so long as enquiry is valid, which we found against the appellant, it is for the authorities to serve a copy of the enquiry report on those against whom action is proposed based on findings in the enquiry report. Writ Appeal is dismissed leaving freedom to the respondents to take appropriate action based on enquiry report.

¶22

(C.N.RAMACHANDRAN NAIR) Judge.

¶23

(K. SURENDRA MOHAN) Judge.

¶24

¶25

WA 1363/2010 3

Changanacherry Rubber Marketing Co-Op. v. Joint Registrar of Co-Op. Societies(G)

Case brief

What is this about?

What did the court decide?

Changanacherry Rubber Marketing Co-Op. v. Joint Registrar of Co-Op. Societies(G)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

The Commissioner of Income Tax, Trichur. Vs the Dhanalekshmi Bank Ltd, Trichur

Sri.Jose Cyriac Vs the Commissioner of Income Tax

Ushakumari.K.T and Others Vs Union of India and Others

Smt.R.Noorjahan Vs State of Kerala

M/S.Meenachil Rubber Wood Ltd. Vs State of Kerala

M/S.P.P.Ashique, Hamson Associates Vs the State of Kerala