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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
Important Points
Subject
Civil - Administrative Law
Act Referred
Headnote
Result: This writ petition is closed with the liberty of the petitioners to raise future contentions as permissible under the Act.
For the Appellants/Petitioners: SRI.HARISANKAR N UNNI
For the Respondents: SRI.B.S.SWATHI KUMAR, SMT.SAYOOJA S.
| 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.
