IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 30TH DAY OF JUNE 2020 / 9TH ASHADHA, 1942 WP(C).No.12910 OF 2020(K)

PETITIONER/S:

V.J. JOSE, AGED 68 YEARS S/O. JOSEPH, VALIAVEETTIL HOUSE, ARUVITHARA P.O., CHAIRMAN, TEEKOY CO-OPERATIVE TEA FACTORY LIMITED NO.

K.143, TEEKOY P.O., KOTTAYAM DISTRICT.

BY ADV. SRI.LIJI.J.VADAKEDOM RESPONDENT/S:

1 JOINT REGISTRAR OF COPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), COLLECTORATE P.O., KOTTAYAM-

686002.

2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MEENACHIL, OFFICE OF THE ASSISTANT REGISTRAR OF CO-

OPERATIVE SOCIETIES (GENERAL), MEENACHIL, PALA P.O., KOTTAYAM DISTRICT-686575.

3 UNIT INSPECTOR-ERATTUPETTA, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) OF CO-

OPERATIVE SOCIETIES, MEENACHIL, PALA P.O., KOTTAYAM DISTRICT-686575.

4 TEEKOY CO-OPERATIVE TEA FACTORY NO. K.143, TEEKOY P.O., KOTTAYAM DISTRICT-686580, REPRESENTED BY ITS MANAGING DIRECTOR.

5 VINOD JOSEPH, PUTHANAPRAKUNNEL, THALANADU, TEEKOY P.O., KOTTAYAM DISTRICT-686580.

OTHER PRESENT:

SR GP BIMAL K NATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT The petitioner has approached this Court aggrieved by Exts.P14,P15 and P16 notices issued to him consequent to an inspection that was ordered under Section 66(2) of the Kerala Co-operative Societies Act ('the Act' for short). Although various contentions are raised in the writ petition in its challenge against the said notices, I am of the view that inasmuch as the notices issued are pursuant to an enquiry conducted by the Joint Registrar and on his being convinced of the need for proceeding further in the matter, a discretion that is conferred on him under the statute, the petitioner cannot be said to be an aggrieved person at this stage of the proceedings. The learned counsel for the petitioner would, however, submit that he has certain objections to Exts.P15 and P16 notices. Taking note of the said submission, while dismissing the writ petition in its challenge against the order issued under Section 66(2) of the Act, I direct that, if the petitioner prefers his objections to Exts.P15 and P16 notices within ten days from today, then the respondent shall consider the said objections also while passing final orders under Section 66(5) of the Act. The writ petition is disposed as above.

Sd/-

A.K.JAYASANKARAN NAMBIAR JUDGE SJ APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF THE RELEVANT EXTRACT OF THE BYE LAW OF THE 4TH RESPONDENT SOCIETY.

EXHIBIT P2 THE COPY OF THE COMMON JUDGMENT DATED

14/01/2016 IN WPC 19154/2012 AND WPC

12855/2015.

EXHIBIT P3 THE COPY OF THE COMMUNICATION NO.

HM/1990/17 DATED 17/10/2017 ISSUED BY THE

1ST RESPONDENT.

EXHIBIT P4 THE COPY OF THE LETTER DATED 19/12/2017 GIVEN BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P5 THE COPY OF THE ORDER NO. 902/2017 DATED

30/12/2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P6 THE COPY OF TH4E ORDER DATED 06/08/2018 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES.

EXHIBIT P7 THE COPY OF THE LETTER DATED 07/09/2018 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P8 THE COPY OF THE ORDER NO.5155/2018 DATED

06/09/2018 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P9 THE COPY OF THE REPRESENTATION DATED

24/01/2020 SUBMITTED BY THE SOCIETY.

EXHIBIT P10 THE COPY OF THE REPRESENTATION DATED

26/02/2020.

EXHIBIT P11 THE COPY OF THE STATEMENT OF ACCOUNT SHOWING THE DISBURSAL OF THE ABOVE MENTIONED CHEQUES IN FAVOUR OF THE EMPLOYEES OF THE 4TH RESPONDENT SOCIETY.

EXHIBIT P12 THE COPY OF THE COMPLAINT DATED 29/02/2020 SUBMITTED BY THE 5TH RESPONDENT.

EXHIBIT P13 THE COPY OF THE NEWS ITEM PUBLISHED IN THE DESHABHIMANI DAILY DATED 15/06/2020.

EXHIBIT P14 THE COPY OF THE ORDER NO.HM 5155/2018 DATED

03/06/2020.

EXHIBIT P15 THE COPY OF THE NOTICE DATED 18/06/2010 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P16 THE COPY OF THE NOTICE DATED 19/06/2020 ISSUED BY THE 3RD RES