WAYANAD DISTRICT WHOLESALE CONSUMERS STORES LTD. Vs. JOINT REGISTRAR OF CO. OPERATIVE SOCIETIES (GENERAL)

JUDGEMENT

(1.) The petitioner, which is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969, has filed this writ petition under Art. 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P3 order dated 14.02.2018 issued by the respondent Joint Registrar of Co-operative Societies, based on an inspection report dated 26.10.2017 submitted by the Assistant Registrar of Co-operative Societies, Vythiri under Sec. 66 of the said Act. By Ext.P3 order, the Assistant Registrar of Cooperative Societies, Vythiri has been authorised to submit a report under sub-section (1) of Sec. 68 of the Act to surcharge persons who are responsible for the loss caused to the Society in terms of the aforesaid report dated 26.10.2017. The petitioner has also sought for a declaration that an inquiry under Sec. 68 cannot be conducted in terms of Ext.P3 order dated 14.02.2018, in the absence of a specific point or points on which the inquiry is to be made is mentioned in the said order.

(2.) On 28.03.2018, when this writ petition came up for admission, the learned Government Pleader sought time to get instructions and the matter was ordered to be listed on 05.04.2018. This Court ordered that further proceedings pursuant to Ext.P3 shall be deferred for a period of two weeks. The said interim order, which was extended from time to time, is still in force.

(3.) A counter affidavit has been filed by the respondent, opposing the reliefs sought for in this writ petition. Along with the counter affidavit, a copy of the enquiry report submitted under Sec. 66 of the Act is placed on record, as Ext.R1(a). In the counter affidavit, it has also been stated that, a copy of the said report was served on the petitioner along with Ext.P