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2025 Supreme(Online)(Ker) 53461

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
THE VADAVANNUR SCB LTD. – Appellant
Versus
THE JOINT DIRECTOR OF CO-OPERATIVE AUDIT PALAKKAD – Respondent
WP(C) NO. 36995 OF 2025



Advocates:
For the Appellants/Petitioners: SRI.P.P.JACOB, SMT.MARIYAM JACOB
For the Respondents: GOVERNMENT PLEADER

Court mandates fair consideration of audit circulars and representation by involved parties.

Headnote:This judgment pertains to the audit completion disputes of the petitioner for 2024-2025 where respondents failed to incorporate relevant circulars. The Court highlighted the responsibility of the respondents under supervisory authority while considering the additional circulars for audit procedures. Key issues addressed included the proper evaluation of Ext.P5 representation and adherence to issued circulars by the third respondent. Final directions mandate a hearing opportunity and decision on Ext.P5 within a three-month timeline, as referenced in paragraph 3.

Table of Content
1. audit process and oversight responsibilities. (Para 1)
2. government response and obligations. (Para 2)
3. requirements for decision-making on representations. (Para 3)

JUDGMENT

The petitioner has approached this Court being aggrieved by the fact that, while completing the audit of the petitioner for the year 2024-2025, respondents 1 and 2 have failed to take note of Exts.P1 and P2 circulars issued by the 3rd respondent. It is submitted by the learned counsel for the petitioner that since respondents 1 and 2 are functioning under the over all supervision of the 3rd respondent, respondents 1 and 2 were bound to take note of Exts.P1 and P2 circulars while completing the audit. The learned counsel appearing for the petitioner also placed for my perusal a copy of circular No.33/2025 dated 05.10.2025 issued by the Registrar of Co-operative Societies and submits that even when the audit has been finalised, the provisions of the aforesaid circulars can be taken note of. It is submitted that Ext.P5 representation is pending before the 3rd respondent in this regard.

2. The learned Government Pleader submits that the 3rd respondent can be directed to consider Ext.P5, in accordance with the law, taking note of Exts.P1 and P2 circulars and as also any subsequent circulars issued by the 3rd respondent in this regard.

3. Having heard the learned counsel for the petitioner and the learned Government Pleader, this writ petition will stand disposed of directing that Ext.P5 representation submitted by the petitioner shall be considered by the 3rd respondent, after affording an opportunity of hearing to representative of the petitioner and the 1st respondent. While disposing of Ext.P5, the 3rd respondent shall have due regard to the circulars issued by him including the circular dated 05.10.2025 referred to above. I make it clear that I have not expressed any opinion on the merits of the petitioner and it will be open to the 3rd respondent to take a decision on Ext.P5, in accordance with the law, after hearing the petitioner and the 1st respondent as directed above. Orders shall be passed on Ext.P5 within a period of three months from the date of receipt of a certified copy of this judgment.

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