TRIVANDRUM CO-OPERATIVE DISTRICT WHOLESALE SOCIETY LTD Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

JUDGEMENT

(1.) A Co-operative Society registered under the Kerala Co- operative Societies Act ('KCS Act' for short) and its Managing Committee have filed this writ petition impugning Ext.P1 notice issued by the respondent - Joint Registrar of Co-operative Societies (General), asking them to show cause why action should not be taken against them under Section 32 of the KCS Act.

(2.) The petitioners say that, as is clear from the said notice, it has been issued based on certain objections allegedly raised by the concerned Unit Inspector while conducting inspection into the affairs of the Society. According to them, they were issued with Ext.P3 notice earlier and that they have preferred Ext.P4 objections to it, but that in Ext.P1 notice, it is stated that these objections have not been found acceptable and therefore, that the Joint Registrar has now asked them to show cause why action for supersession should not be taken against them. The petitioners say that the respondent - Joint Registrar is acting with a pre- disposed mind and therefore, that any procedure pursuant to Ext.P1 is untenable and illegal.

(3.) Smt.C.S.Sheeja, the learned senior Government Pleader appearing on instructions from the respondent - Joint Registrar, submits that this writ petition is not maintainable because Ext.P1 is only a show cause notice, as is mandated under Section 32 of the KCS Act and that nothing stops the petitioners from answering the same effectively, so that the respondent - Joint Registrar can then take a final decision whether there is any requirement for supersession under Section 32 of the KCS Act. She says that the fact that the Joint Registrar has not taken a decision yet and it being possible that, pursuant to Ext.P1, he may even decide not to supersede the Society, is reason enough for this Court to find that this writ petition is not maintainable. She adds that the petitioners have no cause for any apprehension now because the Joint Registrar, in having issued Ext.P1 notice, has clearly indicated that he will deal with the issue only in terms of law and adverting to the various judgments of the Hon'ble Supreme court and of this Court in this area.