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2007 Supreme(Ker) 672

THOTTATHIL B.RADHAKRISHNAN
K. G. Sadasivan President Vayala Service – Appellant
Versus
The Joint Registrar Of Co Operative – Respondent


JUDGMENT

Thottathil B. Radhakrishnan, J.

1. Petitioner is the President of a co-operative bank. He challenges Ext.P7, whereby, proceedings have been initiated for inspection in terms of Section 66 (2) of the Kerala Co-operative Societies Act, 1969, hereinafter, the 'Act', for short, touching matters which are enumerated therein.

2. Ext.P7 shows that one P.M.Joseph, a member of the society, made a complaint to the Joint Registrar exercising powers of the Registrar of Co-operative Societies. Reports were called for from the Assistant Registrar and on the basis of such materials, an inspection is ordered.

3. It is argued on behalf of the petitioner that the whole exercise is politically motived and is wholly without any basis. Secondly, it is argued that having regard to the provisions under Section 65, it is impermissible to have an inspection under Section 66 (2) at this point of time. It is also urged that on the basis of a complaint of a member, there could be no enquiry under Section 66 (2), because, that provision provides only for proceedings on the application of a creditor of a society or the Registrar acting on his own motion.

4. On facts, it is attempted to be pointed out that o




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