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2017 Supreme(Ker) 980

SHAJI P.CHALY
Peroor Service Co-Op. Society Ltd. – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioner:V.P. Seemandini, Senior Advocate, M.R. Anison, K.P. Geetha Mani, V. Bhargavi (Panangad), P.A. Rinusa, Sikha S. Nair, Advocates
For the Respondents:Muhammed Hasim, Special Govt. Pleader, P.J. Elvin Peter, K.R. Ganesh, Advocates

JUDGMENT :

1. This writ petition is filed by the petitioner society seeking to quash Ext.P3 audit certificate issued by the 2nd respondent and Ext.P5 order passed by the 2nd respondent dated 20.04.2017 in accordance with the direction issued by this Court in the judgment in W.P.(C) No.4830 of 2017, dated 14.02.2017. Shorn off unnecessary details, material facts for the disposal of the writ petition are as follows:

2. Petitioner is a Class-I (Special Grade) Service Cooperative Society established in the year 1995. For the last several years, the society is running on profit. In all audit reports up to 2015-16, the auditors approved the functioning of the society, however, the audit for the year 2015-16 was conducted by the 3rd respondent without verifying the relevant documents in an arbitrary manner, violating the mandatory procedures stipulated in Sec.64 of the Kerala Co-operative Societies Act, 1969, [for short, 'the Act, 1969'], which, according to the petitioner, was done with a view to somehow or other find fault with the functioning of the society, totally ignoring the written explanation submitted by the petitioner with documentary evidence to establish the hollowness of the d


























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