This order disposed of a writ petition seeking expeditious adjudication on an surcharge appeal and stayed revenue recovery proceedings pending its final disposal for a two-month period.
Direction to respondents to hear and dispose of appeal with notices within two months; recovery proceedings stayed till then.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 17796 OF 2021
PETITIONER:
SHAJI.R AGED 52 YEARS S/O.C.K.RAJAN, CRS NILAYAM, MUTTUKONAM, KUZHALMANNAM, ALATHUR TALUK, PALAKKAD DISTRICT BY ADVS. G.HARIHARAN PRAVEEN HARIHARAN
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, PALAKKAD 678 001 2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) CIVIL STATION, PALAKKAD 678 001 3 KUZHALMANNAM BLOCK RURAL CREDIT CO-OPERATIVE SOCIETY LTD. NO.P1321, KANNANUR, KANADI P.O., PALAKKAD DISTRICT 678 701, REP.BY ITS SECRETARY. 4 MR. N. VINESH KUZHALMANNAM BLOCK RURAL CREDIT CO-OPERATIVE SOCIETY LTD., KANNNUR, KANNADI P.O., PALAKKAD DISTRICT 678 701 5 MR. R.JAYAKUMAR HONORARY SECRETARY, KUZHALMANNAM BLOCK RURAL CREDIT COOPERATIVE SOCIETY LTD., KANNNUR, KANNADI P.O., PALAKKAD DISTRICT 678 701 6 THE REGISTRAR OF COOPERATIVE SOCIETIES JAWAHAR SAHAKARANABHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM 695 014 7 DEPUTY TAHSILDAR (RR) CIVIL STATION, PALAKKAD, PALAKKAD 678 001
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WP(C) NO. 17796 OF 2021
STATE OF KERALA, *9 REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001
BY GOVT.PLEADER:SMT.SHEEJA.C.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 17796 OF 2021
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W. P. (C) No.17796 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 7th day of September, 2021
J U D G M E N T
Challenging Ext.P5 order of surcharge under Section 68(2)
of the Kerala Co-operative Societies Act, the petitioner has preferred appeal before the sixth respondent. The appeal is accompanied by Ext.P7 stay petition. Pending the same, revenue recovery proceedings have been initiated against the petitioner for recovery of the amounts. The petitioner seeks for an expeditious consideration of the appeal and to keep in abeyance the recovery proceedings till disposal thereof.
and dispose of the appeal with due notice to the parties, as
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WP(C) NO. 17796 OF 2021
expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this
judgment. Till then proceedings for recovery of the amounts shall be put on hold.
Sd/-
SATHISH NINAN JUDGE
rsr
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WP(C) NO. 17796 OF 2021
APPENDIX OF WP(C) 17796/2021
PETITIONER EXHIBITS
| Exhibit P1 | TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT SOCIETY AT THE INSTANCE OF THE RESPONDENTS 4 AND 5 OFFERING HIGHER RATES OF INTEREST TO THE DEPOSITORS DURING THE YEAR 2017. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE FIR NO.0273 DATED 18.3.2021 FILED AGAINST RESPONDENTS 4,5 AND 4 OTHERS BY THE PALAKKAD TOWN SOUTH POLICE STATION. |
| Exhibit P3 | TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY THE PETITIONER ADDRESSED TO THE RESPONDENTS 3 TO 5 21.12.2019 |
| Exhibit P4 | TRUE COPY OF THE REPORT NO.2000/2019/R SUBMITTED BY SMT. JAMUNA P.S., SENIOR INSPECTOR OF CO-OPERATIVE SOCIETIES/SPECIAL SALE OFFICER ON 5.2.2020 |
| Exhibit P5 | TRUE COPY OF THE ORDER DATED 5.11.2020 ISSUED BY THE 1ST RESPONDENT IMPOSING A LIABILITY OF RS.4,82,78,940/- |
| Exhibit P6 | TRUE COPY OF THE COMMUNICATION DATED 7.1.2021 SENT FROM THE 1ST RESPONDENT OFFICE STATING THE APPEAL HAS BEEN TAKEN TO FILE AS CP(4)137/2021 |
| Exhibit P7 | TRUE COPY OF THE STAY PETITION DATED 21.11.2020 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT |
| Exhibit P8 | TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.17025/2021 ON 25.4.2021 |
1 issue framed by the court
Whether to grant interim stay on revenue recovery proceedings pending disposal of appeal against surcharge.
Shaji.R
Joint Registrar of Co-operative Societies (General), Civil Station, Palakkad
Assitant Registrar of Co-operative Societies (General), Civil Station, Palakkad
Kuzhalmannam Block Rural Credit Co-operative Society Ltd.
Mr. N. Vinesh
Mr. R. Jayakumar
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
