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2018 Supreme(Ker) 111

P.N.RAVINDRAN, DEVAN RAMACHANDRAN
MELUKKARA SERVICE CO-OPERATIVE BANK LTD. – Appellant
Versus
JOINT REGISTRAR (GENERAL), DISTRICT CO-OPERATIVE SOCIETY, PATHANAMTHITTA – Respondent


Advocates Appeared:
For the Appellant : Sri. Liju. V. Stephen, Smt. Indu Susan Jacob
For the Respondents: Sri Sunilkumar Kuriakose

JUDGMENT :

Devan Ramachandran, J.

The pre-conditional sine qua non for the Registrar of Cooperative Societies to invoke jurisdiction under Section 65 of the Kerala Co-operative Societies Act, 1969, so as to cause an inquiry suo motu into the working of a co-operative society registered under it, is the issue that the petitioner calls our attention to in this writ petition; his assertion on law being that the Registrar can initiate any such inquiry only after he is “satisfied subjectively” of its need and requirement, based on a personal evaluation of the relevant factual factors, materials and circumstances that are presented before him, seeking a warrant for such an inquiry. As a necessitous corollary, the nature and manner of such “subjective satisfaction” is also requested into consideration by the petitioner.

2. The relevant facts first.

3. Melukara Service Co-operative Bank Limited, which is a society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as “the Act” for short) as the first appellant and its President as the second appellant, have filed this appeal calling into question the judgment of the learned single Judge in W.P.(C) No. 17976 o































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