MANAGING COMMITTEE, AMBOORI SERVICE CO-OPERATIVE BANK LTD Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

JUDGEMENT

(1.) The Managing Committee of the Amboori Service Co-operative Bank Ltd., which is a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 (for brevity, 'the Act') is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking writ of certiorari to quash Ext.P6 show cause notice dated 05.10.2017 issued by the 1st respondent Joint Registrar; a declaration that there exist no warranting circumstances in the Society for initiating any action under Section 32 of the Act, as there is no wilful or persistent default on the part of the Managing Committee and Ext.P6 notice is tainted with malafides and oblique motive; and a writ of mandamus commanding the respondents to permit the Managing Committee to cure the defects, if any, allegedly found out in the inspection report, within such time as this Court deems fit.

(2.) On 23.10.2017, when this writ petition came for admission, the learned Government Pleader was directed to file statement. By the order dated 23.10.2017, the time limit up to 25.10.2017 provided in Ext.P6 notice to show cause was extended for a period of three weeks. The said interim order, which was extended from time to time, is still in force.

(3.) A statement has been filed on behalf of the 1st respondent, opposing the reliefs sought for in this writ petition. The petitioner has filed a reply affidavit reiterating the contentions raised in the writ petition.