IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN THURSDAY, THE 17^TH DAY OF FEBRUARY 2022 / 28TH MAGHA, 1943 WP(C) NO. 4944 OF 2022 PETITIONER:

THE MANAGING COMMITTEE, THE NEDUMANGAD TALUK GOVERNMENT EMPLOYEES' WELFARE CO-

OPERATIVE SOCIETY LIMITED NO.T. 1490, OPPOSITE TO STATE BANK OF INDIA, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-

695541, REPRESENTED BY ITS PRESIDENT.

BY ADVS.

GEORGE POONTHOTTAM (SR.)

ARUN CHANDRAN NISHA GEORGE RESPONDENTS:

1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), RAJAJI NAGAR MARKET ROAD, STATUE, THYCAUD, THIRUVANANTHAPURAM-695001.

2 THE OFFICER ON INSPECTION, UNIT INSPECTOR, (UZHAMALAKKAL UNIT). (OFFICER APPOINTED TO CONDUCT INSPECTION UNDER SECTION 66 OF THE KCS ACT, BY ORDER DATED 23/09/2021) NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695541.

G.P. SRI SHAMEER P.M THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SATHISH NINAN, J.

= = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = = =

Dated this the 17^th day of February, 2022

J U D G M E N T

Order for inspection under Section 66 of the Co-

operative Societies Act, is under challenge in this writ petition.

2. Heard Sri.Arun Chandran, learned counsel for the petitioner and the learned Senior Government Pleader.

3. As per Ext.P1, inspection has been ordered into eight points/items of alleged irregularities in the functioning of the Society. Except the irregularity alleged in serial number 7 relating to the appointment of temporary employees, all the other allegations are disputed by the petitioner. Petitioner offers specific explanations to each of the other allegations. According to the petitioner, the irregularities alleged are baseless and are disproved by materials.

4. These are matters which could be considered by the officer while conducting the inspection. It would be sufficient if the petitioner submits a representation/ explanation before the officer with regard to the alleged irregularities and the officer considers the same also in the course of inspection. An enquiry by this Court, at this stage, into the correctness or otherwise of the points raised for inspection, which essentially involves factual adjudication, is not warranted or called for.

5. Thus, leaving open the rights of the petitioner, and directing that in the event of the petitioner submitting explanations to the points for inspection referred to in Ext.P1 before the officer authorised for inspection, then, the same shall also be adverted to and be specifically dealt with by him while dealing with the points for inspection.

Writ petition is disposed of as above.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 4944/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO. V/371574/21 DATED 03/02/2022 ISSUED BY THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF THE REQUEST DATED 08/02/2016 SUBMITTED BY THE BANK BEFORE THE ASSISTANT REGISTRAR ALONG WITH THE DRAFT SUB RULES.

Exhibit P3 TRUE COPY OF THE COMMUNICATION NO. V

2316/2019 DATED 27/08/2019 ISSUED BY THE ASSISTANT REGISTRAR, NEDUMANGAD.

Exhibit P4 TRUE COPY OF THE COMMUNICATION NO. C.R.B.

(2)10949/13/K. DIS DATED 13/11/2014 ISSUED BY THE OFFICE OF THE 1ST RESPONDENT.

Exhibit P5 TRUE COY OF AMENDED BYE LAWS OF THE PETITIONER SOCIETY.

Exhibit P6 TRUE COPY OF PROCEEDINGS NO. MT (4) 60732/12 DATED 13/05/2013 ISSUED BY THE REGISTRAR OF COOPERATIVE SOCIETIES.

-----