COURT OF KERALA AT ERNAKULAM PRESENT THE…
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945 WP(C) NO. 2600 OF 2024
PETITIONERS:
MALABARAGRICULTURISTANDWORKERS
DEVELOPMENTANDWELFARECO-OPERATIVESOCIETYLTD.NO.D.2946
GOVERNMENTHOSPITALROAD,
VADAKARA,
KOZHIKODE,
REPRESENTEDBYITSPRESIDENT,
PIN-673101
BYADVS.
B.S.SWATHIKUMAR
ANITHARAVINDRAN
HARISANKARNUNNI
NAIRRANJANAUNNIKRISHNAN
RESPONDENTS:
1THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES(G)
SAHAKARANABHAVAN,PUTHIYARA,
KOZHIKODE,PIN-673004
2THEASSISTANTREGISTRAROFCO-OPERATIVESOCIETIES(G)
MINICIVILSTATION,VADAKARA,
KOZHIKODE,PIN-673101
3THEINSPECTINGOFFICER/UNITINSPECTOR
VADAKARA,
OFFICEOFTHEASSISTANTREGISTRAROF
CO-OPERATIVESOCIETIES(GENERAL),
MINICIVILSTATION,
VADAKARA,KOZHIKODE,PIN-673101
BYSMT.RASMYTHOMAS,GP.
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
15.02.2024,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:
WP(C)NO.2600OF2024
2
JUDGMENT
The petitioner is a society registered and governed by the provisions of the Kerala Co-operative Societies Act, 1969 (‘KCS Act’, for the sake of brevity) and the Rules framed thereunder. This writ petition is filed seeking to quash Ext. P1 order issued purportedly under Section 65 of the KCS Act They have been served with Ext.P1 order dated 07.01.2024, by which the Assistant Registrar has ordered to conduct an inquiry into the following aspects of the Society:-
ഉ�രവ്
| 1. | അേന�ഷണഉേദ�ാഗ�െ�േപര് | �െപഷ�ൽേ�ഡ്ഇൻസ് െപക്ടർ |
|---|---|---|
| ത�ിക, ഓഫീസ് | വടകര�ണി�് അസി��്െറജി�ർ(ജനറൽ), വടകര ഓഫീസ് |
|
| 2. | അേന�ഷണപരിധിയി�� വിഷയ�ൾ |
1. സംഘ�ിെ�ഘടന�ം�വർ�നവും 2. ച��ി�ംനിയമ�ി�ംൈബേലാ�ംവി��മായി സംഘ�ിൽനട�ിയഇടപാ�കൾ 3. അേന�ഷണവിഷയ�മായിബ�െ��അേന�ഷണ ഉേദ�ാഗ�ന്��െമ�േതാ��കാര��ൾ |
| 3. | അേന�ഷണ�ർ�ിയാ�ി റിേ�ാർ�്സമർ�ിേ�� കാലാവധി |
ഉ�രവ്ൈക��ിയതിയതി�തൽ3 മാസം |
petitioner, contends that, under Section 65 of the Act, the Registrar or any other officer of the department to whom the powers of the Registrar are delegated by the notification can order an enquiry. But in ordering an enquiry, the specific point or points on which the enquiry is to be made are
WP(C)NO.2600OF2024
3
to be made known in the proceedings that are issued this is what is insisted by Rule 66(1)(i)(c) of the Rules. To substantiate the said contention, reliance is placed on the observations in Cheranalloor Co-operative Society Ltd.1 and also in Wayanad District Wholesale Consumers
Stores Ltd2 .
4. I have considered the submissions advanced.
1 Cheranalloor Co-operative Society Ltd. v. Deputy Registrar [1976 KHC 318]
2 Wayanad District Wholesale Consumers Stores Ltd v. Joint Registrar of Co-operative Societies ( General ) 2018 (5) KHC 341
WP(C)NO.2600OF2024
4
conduct of inquiry and inspection. The said provision reads as under:
(1) (i) An order, authorising inquiry under S.65 or inspection under S.66 shall among other things, contain the following:--
while ordering an enquiry, the specific point or points on which the enquiry
is to be made are to be made known in the proceedings that are issued this
is what is insisted by Rule 66(1)(i)(c) of the Rules. Not only that, without indicating in the proceedings that is to precede an enquiry, the point or
points on which enquiry is to be conducted, it goes without saying that no
WP(C)NO.2600OF2024
5
proper enquiry will be possible. Again, for the society and its office bearers to face the enquiry in a just manner, the indication of the point or points on which the enquiry is to be conducted in the proceedings is only essential. Such an exercise has not been carried out in the instant case. Though the allegations in the report submitted by the Unit Inspector are made mentioned in the order, the specific point or points on which enquiry is to be made has not been mentioned. All that has been mentioned is that the enquiry shall be conducted to ascertain the constitution, working and functioning, and the violations, if any, of the Act, Rules, and byelaws.
7. In that view of the matter, I am of the considered opinion that
Exhibit P1 cannot be sustained under the eyes of law, and the same is set aside. It is made clear that the quashing of Exhibit P1 shall not preclude the Joint Registrar from initiating fresh proceedings in accordance with law.
This writ petition is disposed of.
Sd/- RAJA VIJAYARAGHAVAN V JUDGE
DCS
WP(C)NO.2600OF2024
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APPENDIX OF WP(C) 2600/2024
PETITIONEREXHIBITS
ExhibitP1TRUECOPYOFTHEORDERNO.ST/1385/2023DATED
7-1-2024OFTHE1STRESPONDENT.
ExhibitP2TRUECOPYOFTHEJUDGMENTREPORTEDIN1976KHC
318CHERANELLOORCO-OPERATIVESOCIETYLTD.VS.
DY.REGISTRAR.
1 issue framed by the court
Whether an inquiry order under Section 65 KCS Act is valid without specifying the specific points of inquiry as required by Rule 66(1)(i)(c).
Colour shows how this judgement treated each authority
Cheranalloor Co-operative Society Ltd. v. Deputy RegistrarRelied on
Cheranalloor Co-operative Society Ltd. v. Deputy Registrar [1976 KHC 318]
Wayanad District Wholesale Consumers Stores Ltd v. Joint Registrar of Co-operative Societies (General) 2018 (5) KHC 341
3 provisions across 2 enactments
Malabar Agriculturist and Workers Development and Welfare Co-operative Society Ltd. No. D.2946
The Joint Registrar of Co-operative Societies (G)
The Assistant Registrar of Co-operative Societies (G)
The Inspecting Officer/Unit Inspector, Vadakara
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court