WP(C) NO. 2283 OF 2018 1 2025:KER:30278 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 2283 OF 2018 PETITIONER: KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD.NO.K.399 REPRESENTED BY CHAIRMAN,KADUTHURUTHY.P.O,KOTTAYAM. BY ADV SRI.P.N.MOHANAN RESPONDENTS: 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOTTAYAM-686001. 2 K.R.SOMAN PUNCHAYIL HOUSE,MANNAR,POOZHIKOL.P.O, KADUTHURUTHY,KOTTAYAM-686604. SMT. SURYA BINOY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 2283 OF 2018 2 2025:KER:30278 MOHAMMED NIAS C.P., J ========================= W.P(C) No. 2283 of 2018 ========================= Dated this the 8th day of April, 2025 J U D G M E N T The petitioner is an Urban Co-operative Bank Ltd. registered under the Kerala Co-operative Societies Act, Rules and bye-laws. The 1st respondent, by an order dated 12.08.2008 ordered an enquiry under Section 66(2) of the Act based on a complaint received from the 2nd respondent. Ext.P1 was challenged before this Court by filing W.P.(C) No. 26969 of 2008, wherein an interim order was granted as per Ext.P2, and subsequently, the writ petition was dismissed as infructuous on 03.12.2014. After the dismissal of Ext.P3, the Joint Registrar issued an order on 30.12.2017 ordering an enquiry under Section 66(2) in continuation of Ext.P1 charges and by changing the Enquiry Officer through Ext.P4 order dated 30.12.2017. The petitioner contends that after ordering an enquiry under Ext.P1, two elections to the management committee are over. The petitioner contends that the WP(C) NO. 2283 OF 2018 3 2025:KER:30278 enquiry now ordered under Ext.P4 in continuation of Ext.P1 after ten years is liable to be set aside on the ground of delay. 2. It is to be noticed that Ext.P1 was unsuccessfully challenged by the petitioner, and the writ petition filed was dismissed as infructuous without this Court considering the legality of Ext.P1. After the dismissal of the challenge to Ext.P1, Ext.P4 notice was issued. Ext.P4 was challenged in the present writ petition, and an interim order was granted on 23.01.2018. Under such circumstances, the writ petition is disposed of, directing the petitioner to give their response to Ext.P4 notice within a month from today. The petitioner can also point out the subsequent events/enquiries that happened. The 1st respondent will consider the objections filed by the petitioner and take appropriate action, in accordance with law, within a month thereafter. Sd/- MOHAMMED NIAS C.P. JUDGE LU WP(C) NO. 2283 OF 2018 4 2025:KER:30278 APPENDIX OF WP(C) 2283/2018 PETITIONER EXHIBITS : EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 12.08.2008 OF THE FIRST RESPONDENT EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 04.11.2008 IN W.P.(C)NO.26969/2008 EXHIBIT P3 A TRUE COPY OF THE JUDGMENT DATED 03.12.2014 IN W.P.(C)NO.26969/2008 EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 30.12.2017 OF THE FIRST RESPONDENT EXHIBIT P5 A TRUE COPY OF THE COMPLETION CERTIFICATE DATED 25.06.2004 ISSUED BY THE ASSISTANT ENGINEER,PWD EXHIBIT P6 A TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT NOTE OF THE YEARS 2008-2009 EXHIBIT P7 A TRUE COPY OF THE RELEVANT PORTION OF THE AUDIT NOTE OF THE YEARS 2016-2017. // True Copy // PA To Judge