The court affirmed that adherence to procedural safeguards under the KCS Act, particularly the right to notice and hearing, is paramount in administrative proceedings against cooperative societies.

The petitioner says that they are aggrieved by Ext.P6 because the Government of Kerala has directed the competent Authority under the Kerala Co-operative Societies Act , 1969 (‘KCS Act’, for short) to proceed against them, under the provisions of Section 68 of the same, without even a notice being issued or an opportunity of being heard.

2. Sri.Anoop V.Nair - learned Standing Counsel for the writ petitioner, vehemently argued that, as is evident from the tenor of Ext.P6, it originated from another proceeding, but in which the Government has now issued a direction to the competent Authorities to initiate and complete action against his client under Section 68 of the ‘Act’, however, without following due procedure. He thus prayed that Ext.P6, to such extent, be set aside.

3. Smt.C.S.Sheeja - learned Senior Government Pleader, however, submitted that the afore apprehensions of the petitioner are wholly unfounded; and that, in fact, they appear to have approached this Court very mischievously.

She explained that the earlier proceedings - which culminated in the rescission of a resolution of the Society - are completely distinct from the one which is reflected in Ext.P6; and therefore, that every procedural requirement under Section 68 of the ‘KCS Act’ would be complied with and ensured. She reiterated that, after the inquiry under (1) of the ‘KCS Act’ is completed against the petitioner, if any further course is warranted, they will be issued necessary notice under (2) thereof and given an opportunity of being heard, as mandated under the statutory Scheme and by the various declarations of law by this Court.

4. I have no doubt that the afore submissions of the learned Senior Government Pleader would allay the apprehensions of the petitioner fully, if not substantially, because their fear - that they would not be heard at the stage of Section 68 (2) of the ‘KCS Act’, if it becomes so warranted - now becomes totally untenable.

In the afore circumstances, recording the afore submissions of the learned Senior Government Pleader, I close this Writ Petition, without entering into the merits of any of the rival contentions of the parties and leaving them all open, to be impelled and pursued by the petitioner, as and when it becomes warranted in future.

I further record the submissions of WP(C) NO. 11004 OF 2024 Smt.C.S.Sheeja that the inquiry under Section 68 of the ‘KCS Act’ mentioned in Ext.P6 relates to the proceedings therein and not to the one reflected in this judgment; and that, if at all any action is taken thereon, it will be independent and distinct.