High Court in Writ Petition directed the Joint Registrar to consider the petitioner's application for extension of time expeditiously and render a decision within two weeks from judgment receipt.
Direction to 2nd respondent to consider Ext.P2 application on merits and take decision within two weeks.
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 RAJA VIJAYARAGHAVAN V
THURSDAY, THE 26TH DAY OF MAY 2022 / 5TH JYAISHTA, 1944
WP(C) NO. 15668 OF 2022
PETITIONER/S:
ANNAKARA SERVICE CO-OPERATIVE SOCIETY, F-549, PERUVALLOOR P.O., THRISSUR DISTRICT- 680508, REPRESENTED BY ITS SECRETARY, NEETHU A.G., AGED 28 YEARS, W/O ANOOP K.V., KANDANGATH HOUSE, ANJOOR VILLAGE, KUTTEKKARA DESOM, THRISSUR TALUK, THRISSUR DISTRICT-680 541.
BY ADVS. C.DHEERAJ RAJAN ANAND KALYANAKRISHNAN
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF COOPERATION, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVNANTHAPURAM-695014.
2 THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THRISSUR, CIVIL LANE, AYYANTHOLE, THRISSUR - 680003.
SMT. ANIMA M., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 15668 OF 2022
JUDGMENT
The petitioner is the Society conducting its operation in tune with the provisions of the Kerala Co-operative Societies Act, 1969 and the Rules framed thereunder. It is contended that an enquiry was initiated by the Registrar to enquire into the allegations of misappropriation carried out in the Society. Based on the report submitted by the enquiry officers, the 2nd respondent has initiated action under Section 68(1) of the Act. Directions were also issued by
the 2nd respondent to enquire into the allegations made against the petitioner and an officer was appointed as the enquiry officer by Ext.P1 and to conclude the same within a period of two months. As the husband of the Manager had expired, there was some delay in cooperating with the proceedings. The petitioner contends that if the enquiry is concluded in a hasty manner, it may be
prejudicial to the interest of the Society. In the said circumstance, the petitioner is stated to have preferred Ext.P2 application before the 2nd respondent seeking extension of time. Seeking expeditious consideration of the application,
the petitioner is before this Court.
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WP(C) NO. 15668 OF 2022
submitted that the limited request of the petitioner at this stage is for a direction
to the 2nd respondent to consider Ext.P2 application and take a decision in an
expeditious manner.
made across the bar, there will be a direction to the 2nd respondent to consider
Ext.P2 application on its merits and take a decision expeditiously, in any event,
within a period of two weeks from the date of receipt of a copy of this judgment.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
WP(C) NO. 15668 OF 2022
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APPENDIX OF WP(C) 15668/2022
PETITIONER(S) EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE ORDER DATED 06.02.2022 ISSUED BY THE 2ND RESPONDENT. Exhibit P2 THE TRUE COPY OF THE APPLICATION DATED 27.04.2022 PREFERRED BY THE PETITIONER SOCIETY TO THE 2ND RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
2 issues framed by the court
Whether the High Court can direct the Registrar to expedite consideration and decision on the petitioner's application for extension of time in pending enquiry proceedings.
Whether directions must be issued for expeditious disposal of the petitioner's application within two weeks.
ANNAKARA SERVICE CO-OPERATIVE SOCIETY
STATE OF KERALA
THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, THRISSUR
RAJA VIJAYARAGHAVAN V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
