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2024 Supreme(Ker) 602

M. A. ABDUL HAKHIM
Mulavoor Urban Co-operative Society Ltd. – Appellant
Versus
Joint Registrar of Co-operative Societies (General) Ernakulam – Respondent


Advocates Appeared:
For the Petitioner: Sri. George Poonthottam (SR.), Smt. Nisha George.
For the Respondent: Smt. K.B. Sony-GP.

JUDGMENT :

1. The petitioner, Mulavoor Urban Co-operative Society Limited (‘the Society’ in short)represented by its Secretary and its Managing Committee members have filed this writ petition challenging Ext.P13 order dated 29.01.2018 passed by the 1st respondent, Ext.P14 Notice issued by the 2nd respondent to the President/Secretary of the petitioner Society to produce records before him on 19.03.2018 at 11.00 A.M and Ext.P15 Notice dated 02.05.2018 issued by the 2nd respondent addressed to the 2nd petitioner to appear on 16.05.2018 at 11.00 A.M for hearing. The other reliefs sought in the writ petition are for three declarations that an enquiry on an inspection under the Kerala Cooperative Societies Act (‘the Act’ in short) without following the principles of natural justice and intimating the affected parties the material on which enquiry is concluded is a nullity in the eye of law and the said report cannot be acted upon any purposes under the Act; that acceptance of the report under Section 65 or Section 66 of the Act without following procedure under Rule 66 (5) of the Kerala Cooperative Societies Rules, (‘the Rules’ in short) is bad in law and the actions taken thereunder are

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