IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SATHISH NINAN WEDNESDAY, THE 9^TH DAY OF MARCH 2022 / 18TH PHALGUNA, 1943 WP(C) NO. 20774 OF 2021 PETITIONER:

MARANALLOOR GRAMA VIKASANA CO-OP. SOCIETY LTD, AGED 37 YEARS NO. T.1656, OORUTTAMBALAM P.O, THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695507, REPRESENTED BY ITS SECRETARY.

BY ADVS.

D.SOMASUNDARAM HARIMOHAN RESPONDENTS:

1 THE 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 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES.

(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695121.

3 THE INQUIRY OFFICER/UNIT INSPECTOR KATTAKKADA UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL) NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN CODE - 695121.

SR. GOVT. PLEADER SMT. SHEEJA C.S THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

09.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

SATHISH NINAN, J.

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Dated this the 9^th day of March, 2022

J U D G M E N T

Order for inquiry under Section 65 of the Co-

operative Societies Act is under challenge in this writ petition by the Society.

2. Heard the learned counsel for the petitioner and also the learned Senior Government Pleader.

3. The order for inquiry (Ext.P3) was preceded by an inspection under Section 66 of the Act. The inspection report indicated a fund erosion of `1.5 crores, failure to maintain Audit Defect Rectification Register, grant of excessive interest to depositors, conducting MDS without sanction, purchase of furniture without sanction etc. It is on the basis of the said report that the Registrar found it fit to have a Section 65 inquiry conducted. It is accordingly that the present inquiry has been ordered.

W.P.(C) No.20774 of 2021

4. The Registrar having decided to conduct inquiry on the basis of the report on inspection, there could not be a contention of non-application of mind or non-

formation of an opinion.

5. Though the learned counsel for the petitioner would contend that the procedure prescribed under Rule 66 of the Co-operative Societies Rules have been violated, any specific violation could not be pointed out. That apart, a perusal of Ext.P3 order for inquiry does not indicate any such defects. I do not find any merit in the writ petition.

The writ petition fails and is accordingly dismissed.

Sd/-

SATHISH NINAN JUDGE kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 20774/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPLICATION DATED

13.11.2017.

Exhibit P2 TRUE COPY OF THE ORDER NO.P(2) 11571/2017 DATED 11.07.2018.

Exhibit P3 TRUE COPY OF THE ORDER ORDERING SECTION 65 INQUIRY.

Exhibit P4 TRUE COPY OF ORDER NO. CRB (2) 10555/11/KDS DATED 01.11.2013.

Exhibit P5 TRUE COPY OF ORDER NO. CRB (2) 11210/2015 DATED 25.02.2016.

Exhibit P6 TRUE COPY OF ORDER NO. CRB(2) 4754/2016 DATED

29.04.2016.

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