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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.NATARAJAN, JOHNSON JOHN
M.K. Thomaskutty – Appellant
Versus
Joint Registrar of Co-Operative Societies (General) – Respondent
| Table of Content |
|---|
| 1. introduction of the case and submission details. (Para 1 , 2) |
| 2. argument regarding locus standi. (Para 3) |
| 3. court's interpretation of previous judgments. (Para 4 , 5) |
| 4. conclusion on jurisdiction and dismissal. (Para 6) |
JUDGMENT :
JOHNSON JOHN, J.
1. The appellant is the writ petitioner. The writ petitioner, President of the Kottayam District Vyapari Vyavasayi Welfare Co- operative Society, challenged Exhibit P1 order dated 11.11.2024 of the Joint Registrar (General) of the Co-operative Societies appointing an officer to conduct an inquiry into the affairs of the Kottayam District Vyapari Vyavasayi Welfare Co-operative Society regarding 9 irregularities enumerated in the order under Section 65 of the Kerala Co-operative Societies Act, 1969 (‘Act, 1969’ for short).
2. Heard Sri.P.C. Sasidharan, the learned counsel for the appellant, Sri. T.K. Vipindas, the learned Senior Government Pleader appearing for respondents 1 to 3 and Sri. Arjun Raghavan, the learned counsel appearing for the 4th respondent.
3. The main contention of the appellant is that the learned single Judge has not considered the challenge against Exhibit P1 order by holding that the writ petitioner has n
A party must demonstrate locus standi to challenge preliminary inquiries under the Kerala Co-operative Societies Act, 1969.
A party cannot challenge an inquiry order under the Co-operative Societies Act until adversely affected by a final decision.
Petitioner cannot challenge inquiry orders without completion of associated proceedings under the Act following established legal precedents.
The court established that parties must wait for further actions based on inquiry reports before raising objections, promoting procedural fairness under the Kerala Co-operative Societies Act.
Point of Law - The principle to be applied is that there must be a injuria sine damnum and not the damnum sine injuria for taking a legal action and a legal recourse. A damage suffered has to be coup....
Inquiry order under Section 65 of Kerala Co-operative Societies Act valid if based on materials showing necessity and application of mind; challenge premature.
The authority must provide opportunity for hearing post-inquiry before enforcing actions under cooperative society regulations.
Petitioner cannot challenge inspection notice without addressing concerns to competent authority per Section 66 of the Act.
Objections to enquiry orders under the Kerala Co-operative Societies Act can only be raised after issuance of a show cause notice.
The petitioner's right to challenge inspection proceedings is barred; objections must be raised at the appropriate stage.
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