WP(C) NO. 14060 OF 2025 : 1 : 2025:KER:29075 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 WP(C) NO. 14060 OF 2025 PETITIONERS: 1 THE MANAGING COMMITTEE OF DEPARTMENT OF SPACE EMPLOYEES HOUSING CO-OPERATIVE SOCIETY LTD.NO.T.766 VSSC, ISRO P.O, TRIVANDRUM REPRESENTED BY ITS PRESIDENT, BEN ROY.T.C, S/O M.G.TITTUS, AGED 51 YEARS, RESIDING AT BEN SADAN, KARIPPOORU P.O, NEDUMANGAD, THIRUVANANTHAPURAM, PIN - 695002 2 DEPARTMENT OF SPACE EMPLOYEES HOUSING CO- OPERATIVE SOCIETY LTD.NO.T.766 VSSC, ISRO P.O, TRIVANDRUM REPRESENTED BY ITS SECRETARY, AL SHAMANI.S.H, AGED 35 YEARS, UMAR MANZIL, OOOTTUKUZHI, VILAPPILSALA P.O, THIRUVANANTHAPURAM, PIN - 695002 BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO RESPONDENTS: 1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR SAHAKARANA BHAVAN, JAGATHI, THAIKKAD P.O, THIRUVANANTHAPURAM, PIN - 695014 2 UNIT INSPECTOR OF CO-OP SOCIETIES WP(C) NO. 14060 OF 2025 : 2 : 2025:KER:29075 OFFICE OF THE ASSISTANT REGISTRAR OF CO-OP SOCIETIES [G], THIRUVANANTHAPURAM, PIN – 695004 R BY SR.GP SMT.SHEEJA C.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 14060 OF 2025 : 3 : 2025:KER:29075 JUDGMENT The 2nd petitioner Co-operative Society and its Managing Committee have filed this writ petition challenging Ext.P3 show cause notice under Section 32 of the Kerala Co-operative Societies Act, 1969 (for short 'the Act), issued by the 1st respondent- Joint Registrar to show cause as to why the Managing Committee shall not be superseded in the light of the findings in Ext.P4 enquiry report under Section 66 of the Act. 2. The petitioners contend that none of the members of the Managing Committee, against whom findings have been entered in Ext.P4 report, is in the present Committee and for the lapses, if any, of the previous Committee members, the present Managing Committee cannot be WP(C) NO. 14060 OF 2025 : 4 : 2025:KER:29075 superseded. In support of the said contention, the petitioners relied on the judgment of this Court in Ameer A.P. v. Deputy Director of Dairy Development Department, Malappuram [2010 (4) KHC 631] wherein this Court has held that for irregularities committed by previous Managing Committee, the present Managing Committee cannot be superseded. The petitioners also contend that Ext.P3 has been issued two years after Section 66 enquiry. It is further contended that Ext.P4 report and Ext.P3 show cause notice are vague and there are no materials collected under Section 66(5) in Ext.P4 report. Accordingly, the petitioners pray for quashing Ext.P3 show cause notice. 3. Since Ext.P3 is only a show-cause notice and the jurisdiction of the Joint Registrar to issue a WP(C) NO. 14060 OF 2025 : 5 : 2025:KER:29075 show-cause notice under Section 32 is not disputed, I am of the view that this Court shall not interfere with Ext.P3, as it gives an opportunity for the petitioners to respond and be heard. 4. Accordingly, there will be a direction to the 1st petitioner Managing Committee to file a reply to Ext.P3, within a period of three weeks from today. On receipt of such reply, the 1st respondent shall give notice of hearing to the members of the Committee and hear them and pass orders, in accordance with law, as expeditiously as possible. The writ petition is disposed of as above. Sd/- MURALI PURUSHOTHAMAN JUDGE SB WP(C) NO. 14060 OF 2025 : 6 : 2025:KER:29075 APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 29.11.2022 ISSUED BY THE JOINT REGISTRAR Exhibit P2 A TRUE COPY OF THE STATEMENT DATED 30.12.2024 SUBMITTED BY THE SECRETARY OF THE SOCIETY TO THE REGISTRAR OF CO- OPERATIVE SOCIETIES Exhibit P3 A TRUE COPY OF THE NOTICE DATED 15.03.2025 ISSUED BY THE JOINT REGISTRAR Exhibit P4 A TRUE COPY OF THE REPORT DATED 28.02.2023 OF THE UNIT INSPECTOR Exhibit P5 A TRUE COPY OF THE RELEVANT PORTION OF THE BYELAWS Exhibit P6 A TRUE COPY OF THE ORDER DATED 27.08.2021 ISSUED BY THE JOINT REGISTRAR BY APPROVING THE MDS SUB RULES Exhibit P7 TRUE COPY OF THE JUDGMENT OF AMEER A.P. V. DEPUTY DIRECTOR REPORTED IN 2010 (4) KHC 631 Exhibit P8 TRUE COPY OF THE LETTER DATED 29.03.2025 OF THE FIRST PETITIONER