The High Court of Kerala dismissed a writ petition seeking a mandatory order for a Section 66 enquiry under the Kerala Co-operative Societies Act. The court held that an enquiry under Section 66 had already been ordered by the Joint Registrar (General), rendering the petition moot.
No relief granted; the writ petition was disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939
WP(C).No. 25353 of 2017 (T)
PETITIONER(S):
V. JAYAN,
S/O. VARGHESE. B, 38 YEARS OF AGE RESIDING AT BADHANEES, MARAYAMUTTOM P.O., PERUMKADAVILA, THIRUVANANTHAPURAM - 695 124.
BY ADV. SMT.REKHA VASUDEVAN
RESPONDENT(S):
1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001.
2. MARAYAMUTTOM SERVICE CO-OPERATIVE LTD.NO. 984, REPRESENTED BY ITS SECRETARY, MARAYAMUTTOM, THIRUVANANTHAPURAM - 695 124.
3. M.S. ANIL, PRESIDENT, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO. 984, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124, RESIDING AT ABHAYAM, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124.
4. B. MADHUSOODHANAN NAIR, MEMBER, MANAGING COMMITTEE, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO. 984, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124, RESIDING AT ARAMAM, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124.
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WP(C).No. 25353 of 2017 (T)
5. C.S. AYYAPPAN PILLAI, MEMBER, MANAGING COMMITTEE, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO. 984, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124, RESIDING AT MANAKALA VEEDU,, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124.
6. G. VASUDHEVAN NAIR, MEMBER, MANAGING COMMITTEE, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO. 984, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124, RESIDING AT LAKSHMI VILASAM, VADAKARA.
7. C. SASIDHARAN NAIR, MEMBER, MANAGING COMMITTEE, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO. 984, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124, RESIDING AT PANAYAMVILAKAM, ARUVIKARA - 695 564.
8. K. MADHU
9. R. BABU
10. ANANDHAN M.A.
11. USHAKUMARI, MEMBER, MANAGING COMMITTEE, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO. 984, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124, RESIDING AT USHA NIVAS, THATHIYOOR - 695 503.
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WP(C).No. 25353 of 2017 (T)
12. MEENA. S, MEMBER, MANAGING COMMITTEE, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO. 984, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124, RESIDING AT GEETHA BHAVAN, ARUVIPURAM - 695 124.
13. MANJU. R.L, MEMBER, MANAGING COMMITTEE, MARAYAMUTTOM SERVICE CO-OPERATIVE BANK LTD.NO. 984, MARAYAMUTTOM P.O., THIRUVANANTHAPURAM - 695 124, RESIDING AT SAJU VILASAM, MANALUVILA - 695 124.
R1 BY SENIOR GOVERNMENT PLEADER SRI.BIMAL K.NATH R2 TO R 13 BY ADVS. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SMT.T.RESHMA SMT.S.SIKKY SRI.HARISANKAR N UNNI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 25353 of 2017 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE AUDIT REPORT FOR THE YEAR 2014-15 PERTAINING TO THE 2ND RESPONDENT SOCIETY.
EXHIBIT P2 TRUE COPY OF THE QUICK VERIFICATION REPORT SUBMITTED BY THE VIGILANCE DEPARTMENT BEFORE THE HONOURABLE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE), THIRUVANANTHAPURAM IN C.M.P.NO. 732/2016.
RESPONDENT(S)' EXHIBITS - NIL
/TRUE COPY/
PS TO JUDGE
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ANIL K.NARENDRAN, J.
W.P.(C) No.25353 of 2017
JUDGMENT
The petitioner, who is a member of the 2nd respondent Co-operative Society, has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that the 1st respondent is bound to conduct an enquiry as envisaged under Sections 65 and 66 of the Kerala Co-operative Societies Act and to direct the said respondent to conduct such an enquiry with respect to the working and financial condition of the 2nd respondent Society. The petitioner has also sought for other consequential reliefs.
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consideration, the learned Government Pleader, on instructions, submitted that Section 66 enquiry has already been ordered vide order No.CRP(1)8593/17 dated 28.11.2017. As the learned counsel for the petitioner sought time, the matter is listed today for further consideration.
In the said circumstances, this writ petition is disposed of, recording the fact that based on order No.CRP (1) 8593/17 dated 28.11.2017, Section 66 enquiry has already been
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ordered with respect to the functioning of the 2nd respondent Society.
Sd/- ANIL K.NARENDRAN JUDGE
sm/
2 issues framed by the court
Whether the writ petitioner is entitled to a declaration directing the 1st respondent to conduct an enquiry under Sections 65 and 66 of the Kerala Co-operative Societies Act regarding the 2nd responde
Whether an already ordered Section 66 enquiry by the Joint Registrar (General) obviates the need for any further orders by this court.
2 provisions across 2 enactments
Jayan
The Registrar of Co-operative Societies, Thiruvananthapuram
Marayamuttom Service Co-operative Ltd.
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
