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2021 Supreme(Ker) 827

P.B.SURESH KUMAR, C.S.SUDHA
Koliyacode Consumer Co-Operative Society Ltd – Appellant
Versus
Joint Registrar Of Co-Operative Societies (General) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.J.SAJI ISAAC, ELIZABETH VARKEY, JITHIN SAJI ISAAC
For the Respondent: SUNIL.V.K,GP

JUDGMENT :

P.B.Suresh Kumar, J.

This writ appeal is directed against the judgment dated 21.10.2021 in W.P.(C)No.21100 of 2021. The petitioners in the writ petition are the appellants. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

2. The first petitioner is a Co-operative Society (the Society) registered under the Kerala Co-operative Societies Act, 1969 (the Act) and the second petitioner is the President of the first petitioner Society. In terms of Ext.P1 order, respondent, the Joint Registrar of the Co-operative Societies exercising the powers of the Registrar under the Act over the area where the Society is located, in exercise of the power under Section 65(1) of the Act, ordered an inquiry into the working of the Society. Ext.P1 order was issued based on Ext.P2 report of inspection submitted by the officer authorised to supervise the working of the Society in terms of Section 66(1) of the Act. Ext.P1 order was under challenge in the writ petition. The grounds of challenge were twofold, viz, (i) that the Registrar has not formed a subjective satisfaction regarding the necessity to order an inquiry which is a mandatory pr

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