TRIVANDRUM DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD. Vs. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE AND ORS.

JUDGEMENT

(1.) THE petitioner, a Co -operative Society registered under the provisions of the Kerala Co -operative Societies Act, has a grievance that Exhibit P1 order, dated 10.06.2015, issued by the first respondent authorizing the second respondent, the Manager of District Industries Centre, to conduct enquiry under Section 66 of the Kerala Co -operative Societies Act is ultra vires of the first respondent and also is vitiated by mala fides.

(2.) THE learned counsel for the petitioner has strenuously contended that law has been very much well settled that no enquiry or even inspection could be ordered based on an anonymous complaint. In support of his submissions, the learned counsel has placed reliance on Thiruvalla East Co -operative Bank Ltd. v. Joint Registrar of Co -operative Societies and Another : 2006 (4) KLT 959. According to him, the very Exhibit P1 amply shows that the enquiry was ordered based on an anonymous complaint.

(3.) IT is the further contention of the learned counsel that the action of the first respondent, who has also been arrayed eo nominee as fifth respondent, has been vitiated by mala fides, because, all along, he has been threatening that he would dislodge the Chairman of the petitioner society. As the Chairman of the petitioner society had not been amenable to the illegal demands of the first respondent, Ext.P1 order, contends the learned counsel, was issued in a vindictive manner.