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2015 Supreme(Ker) 672

DAMA SESHADRI NAIDU
Trivandrum District Mini Industrial Estate Co-Operative – Appellant
Versus
General Manager, District Industries Centre – Respondent


Advocates Appeared:
For the Petitioners: SRI. K.M. FIROZ, SMT. M. SHAJNA, SRI. S. KANNAN, SMT. UMMUL FIDA
For the Respondent: GOVERNMENT PLEADER SRI. K.C. VINCENT

JUDGMENT :

The petitioner, a Co-operative Society registered under the provisions of the Kerala Co-operative Societies Act, has a grievance that Exhibit P1 order, dated 10.06.2015, issued by the first respondent authorizing the second respondent, the Manager of District Industries Centre, to conduct enquiry under Section 66 of the Kerala Co-operative Societies Act is ultra vires of the first respondent and also is vitiated by mala fides.

2. The learned counsel for the petitioner has strenuously contended that law has been very much well settled that no enquiry or even inspection could be ordered based on an anonymous complaint. In support of his submissions, the learned counsel has placed reliance on Thiruvalla East Co-operative Bank Ltd. v. Joint Registrar of Co-operative Societies and Another, 2006 (4) KLT 959. According to him, the very Exhibit P1 amply shows that the enquiry was ordered based on an anonymous complaint.

3. The learned counsel has submitted that though Exhibit P1 is said to have been issued under Section 66 of the Kerala Co-operative Societies Act (the 'Act' for brevity), the scope of alleged inspection is beyond the said provision. According to him, the first resp























































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