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2026 Supreme(Online)(Ker) 15930

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
M.S.KUMAR – Appellant
Versus
THE UNIT INSPECTOR, VANCHIYOOR – Respondent
WP(C) NO. 28593 OF 2024

Advocates:
For the Appellants/Petitioners: SRI.HARISANKAR N UNNI
For the Respondents: SRI.B.S.SWATHI KUMAR, SMT.SAYOOJA S.

Petitioners cannot challenge inquiry reports under Section 65 directly but may raise issues during subsequent proceedings as per the Act.

Headnote:The judgment analyzes the provisions under Section 65 of the Kerala Co-operative Societies Act, 1969, stating the petitioners' inability to challenge the inquiry report directly. It affirms their right to raise objections in subsequent proceedings under Sections 32 and 68. The court ultimately reserves the liberty for petitioners to apply for accessing previous orders and closes the writ petition. The court frames the issue surrounding the challenge to the inquiry report and the petitioners' rights under the Act. The court's reasoning emphasizes that the statute does not allow direct challenges to inquiry reports, thus guiding future contentions distinctly within set procedural frameworks.

Result: This writ petition is closed with the liberty of the petitioners to raise future contentions as permissible under the Act.

Table of Content
1. challenge to inquiry report under kcs act. (Para 1)
2. court reserves liberty for petitioners to raise contentions in future proceedings. (Para 2 , 3)

JUDGMENT

This writ petition has been filed challenging a report, following an inquiry under Section 65 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the KCS Act’)

2. It is settled that the petitioners cannot challenge the report prepared under Section 65 of the KCS Act and they have to take up all contentions as and when further proceedings are taken against them either under Section 32 of the KCS Act or under Section 68 (1) of the KCS Act. [See the decision of the Full Bench in Kudayathoor Service Co- operative Bank Ltd V. Joint Registrar of Co-operative Societies (General); 2022 (3) KLT 222 ].

3. Reserving the liberty of the petitioners to raise all contentions as and when a show cause notice is issued to them either under Section 32 of the KCS Act or under Section 68 of the KCS Act and leaving open all contentions, this writ petition is closed.

4. Since it is submitted that an order under Section

68(1) of the KCS Act has already been issued on 02.08.2024 and since it is stated that the petitioners have not received a copy of the said order, it is directed that it will be open to the petitioners file an application for copy of the order before the Competent Authority, in which case, a copy of the order shall be made available to them.

Sd/-

GOPINATH P.

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2026 Supreme(Online)(Ker) 15930

IN THE HIGH COURT OF KERALA AT ERNAKULAMGOPINATH P., JM.S.KUMAR – AppellantVersusTHE UNIT INSPECTOR, VANCHIYOOR – RespondentWP(C) NO. 28593 OF 2024

Petitioners cannot challenge inquiry reports under Section 65 directly but may raise issues during subsequent proceedings as per the Act.

Cases Referred (1)

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
M.S.KUMAR – Appellant
Versus
THE UNIT INSPECTOR, VANCHIYOOR – Respondent
WP(C) NO. 28593 OF 2024