SAHADEVAN Vs. PADMANABHAN
LAWS(KER)-2003-11-6
HIGH COURT OF KERALA
Decided on November 24,2003

SAHADEVAN Appellant
VERSUS
PADMANABHAN Respondents

JUDGEMENT

- (1.) This Writ Appeal is filed against the judgment in W.P.(C) No.34948 of 2003, which was allowed by the learned Single Judge. The appellant is the additional 4th respondent in the Writ Petition. Respondents herein are the petitioner and respondents 1 to 3 in the Writ Petition.
(2.) The 1st respondent P.K. Padmanabhan, President, Pattancherry Service Cooperative Bank Limited filed the Writ Petition challenging Ext. P8 order passed by the Joint Registrar of Cooperative Soceities (General), Palakkad, superseding the Committee of the Pattancherry Service Cooperative Bank Limited under S.32 of the Kerala Cooperative Societies Act (hereinafter referred to as "the Act"). The learned Single Judge allowed the Writ Petition and quashed Ext. P8 order and directed the Administrator to hand over charge to the superseded Committee forthwith. It was also made clear that the quashing of Ext. P8 order would not stand in the way of the Joint Registrar passing a fresh order in accordance with law, if so advised.
(3.) The learned Single Judge quashed Ext. P8 order mainly on two grounds, viz., (1) the Joint Registrar while passing Ext. P8 order exercising the power under S.32 of the Act did not fairly consider the contentions raised on behalf of the Committee in Ext. P7 reply to Ext. P6 show cause notice and did not give reasons for rejecting the explanations and objections contained in Ext. P7; and (2) before passing Ext. P8 order, the Joint Registrar did not comply with the requirement of consulting the Financing Bank and the Circle Cooperative Union as required under sub-s.(2) of S.32 of the Act.;


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