Disposed

T. S. Kurian v. State of Kerala

Kerala HC6 Feb 2024WP(C)/1404/2024

Case brief

AI extract

What is this about?

Petitioners challenged recovery notices issued while their appeals against Section 68(2) cooperative society orders were pending with stay applications. The court directed that recovery proceedings be kept in abeyance until the Government decided the appeals, and disposed of the writ petitions.

What did the court decide?

Recovery proceedings kept in abeyance till decision on Ext.P3 appeal pending before the first respondent.

T. S. Kurian Vs State of Kerala — Cooperative Societies | Kerala HC (2024)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶2

THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
TUESDAY,THE6THDAYOFFEBRUARY2024/17THMAGHA,1945
WP(C)NO.1310OF2024

¶3

PETITIONERS:

¶4

MANIPAMPANALALIASJANARDHANANPAMPANAL
AGED54YEARS
SONOFRAJAPPAN,PAMPANALVEEDU,SASIMALAP.O.,WAYANAD
DISTRICT,PIN-673579

¶5

BYADVS.M.PRASANTH

¶6

RESPONDENTS:

¶7

1STATEOFKERALA
REPRESENTEDBYTHESECRETARYTOGOVERNMENT,DEPARTMENTOF
CO-OPERATION,GOVERNMENTOFKERALA,SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695001

¶8

2THEREGISTRAROFCO-OPERATIVESOCIETIES
OFFICEOFTHEREGISTRAROFCO-OPERATIVESOCIETIES,JAWAHAR
SAHAKARANABHAVAN,DPIJUNCTION,THYCAUDP.O.,
THIRUVANANTHAPURAM,PIN-695014

¶9

3THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES(GENERAL),
WAYANAD,KALPETTA,WAYANADDISTRICT,PIN-673121

¶10

4THEPULPALLYSERVICECO-OPERATIVEBANKLIMITEDNO.10153
REPRESENTEDBYITSSECRETARY,PULPALLYP.O.,WAYANAD
DISTRICT,PIN-673579

¶11

5THEDEPUTYTAHSILDAR
SULTHANBATHERYTALUK,WAYANADDISTRICT.,PIN-673592

¶12

6THEVILLAGEOFFICER
PADICHIRAVILLAGEOFFICE,PADICHIRA,WAYANADDISTRICT,PIN
-673579

¶13

BYSMTRASMITHOMAS,GP.

¶14

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
06.02.2024,ALONGWITHWP(C).1404/2024,THECOURTONTHESAMEDAY
DELIVEREDTHEFOLLOWING:

¶15

WP(C)NOs.1310&1404

¶16

OF2024

¶17

¶18

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

¶19

THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 6^TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945 WP(C) NO. 1404 OF 2024

¶20

PETITIONERS:

¶21

T.S.KURIAN

¶22

AGED64YEARS,SONOFSEBASTIAN,THEKKUMALAYIL,ANARAKKUNI
P.O.,PULPALLY,WAYANADDISTRICT.,PIN-673585

¶23

BYADVS.M.PRASANTH

¶24

RESPONDENTS:

¶25

1STATEOFKERALA
REPRESENTEDBYTHESECRETARYTOGOVERNMENT,DEPARTMENTOF
CO-OPERATION,SECRETARIAT,GOVERNMENTOFKERALA,
THIRUVANANTHAPURAM,PIN-695001

¶26

2THEREGISTRAROFCO-OPERATIVESOCIETIES
JAWAHARSAHAKARANABHAVAN,DPIJUNCTION,THYCAUDP.O.,
THIRUVANANTHAPURAM,PIN-695014

¶27

3THEJOINTREGISTRAROFCO-OPERATIVESOCIETIES
(GENERAL),OFFICEOFTHEJOINTREGISTRAROFCO-OPERATIVE
SOCIETIES,KALPETTA,WAYANADDISTRICT,PIN-673121

¶28

4 THE PULPALLY SERVICE CO-OPERATIVE BANK LIMITED NO. 10153 P.O. PULPALLY, WAYANAD DISTRICT REPRESENTED BY ITS SECRETARY, PIN - 673579

¶29

5 THE DEPUTY TAHSILDAR SULTHAN BATHERY TALUK, WAYANAD DISTRICT, PIN - 673592

¶30

6 THE VILLAGE OFFICER PADICHIRA VILLAGE OFFICE, WAYANAD DISTRICT, PIN - 673579 BY SMT RASMI THOMAS, GP.

¶31

THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON06.02.2024,
ALONGWITHWP(C).1310/2024,THECOURTONTHESAMEDAYDELIVEREDTHE
FOLLOWING:

¶32

WP(C)NOs.1310&1404OF2024

¶33

¶34

JUDGMENT

¶35

Challenging an order passed under Section 68(2) of the Cooperative Societies Act, the petitioners are stated to have preferred separate appeals invoking Section 83(i)(j) of the Act. It is stated that an application for stay was also filed. While so, they have been served with recovery notices for recovering the amounts due. This has led the petitioners to approach this Court seeking directions to the respondents from proceeding with the recovery proceedings until a decision is taken by the 1st respondent in the appeal.

¶36

When the matter is taken up for consideration, it is submitted by the learned government pleader that the application for stay filed by the petitioners, along with the appeal, has been rejected. It is further submitted that the appeal is posted for final hearing on 20.02.2024.

¶37

Having considered the facts and circumstances and the submissions made across the bar, recovery proceedings initiated against the petitioners shall be kept in abeyance till a decision on Ext.P3 appeal preferred by the petitioners and pending before the 1st

¶38

WP(C)NOs.1310&1404OF2024

¶39

¶40

respondent.

¶41

These writ petitions are disposed of.

¶42

sd/-

¶43

RAJA VIJAYARAGHAVAN V, JUDGE

¶44

DCS

¶45

WP(C)NOs.1310&1404

¶46

OF2024

¶47

¶48

APPENDIX OF WP(C) 1310/2024

¶49

PETITIONEREXHIBITS

¶50

`Exhibit P1`	`TRUE COPY OF DEMAND NOTICE NO. 2023/4630/12` `(NO. 92/23) DATED 16.12.2023 UNDER FORM NO. 10` `ISSUED TO THE PETITIONER BY R5`
`Exhibit P1(a)`	`TRUE COPY OF DEMAND NOTICE UNDER FORM NO. 1 RRC` `NO. 2023/4630/12 DATED 16.12.2023 ISSUED BY R5` `TO THE PETITIONER`
`Exhibit P2`	`TRUE COPY OF ORDER NO. JRGWYD/3106/2020-CRP` `DATED 27..08..2022 ISSUED BY THE 3RD RESPONDENT` `ALONG WITH THE RELEVANT PAGES IN RESPECT OF THE` `PETITIONER`
`Exhibit P3`	`TRUE COPY OF APPEAL NO. 6624799 OF 2022` `SUBMITTED BY THE PETITIONER AND ANOTHER BEFORE` `THE SECRETARY TO GOVERNMENT (R1) ON 28.10.2022` `ALONG WITH A PETITION FOR STAY`
`Exhibit P4`	`TRUE COPY OF REPRESENTATION DATED 31.10.2022` `SUBMITTED BY THE PETITIONER AND ANOTHER`

¶51

WP(C)NOs.1310&1404

¶52

OF2024

¶53

¶54

APPENDIX OF WP(C) 1404/2024

¶55

PETITIONEREXHIBITS

¶56

ExhibitP1TRUECOPYOFDEMANDNOTICERRCNO.2023/4627/12
DATED21.12.2023UNDERFORMNO.10ISSUEDTO
THEPETITIONERBYR5
ExhibitP1(a)TRUECOPYOFDEMANDNOTICERRCNO.2023/4627/12
DATED21.12.2023UNDERFORMNO.1ISSUEDTOTHE
PETITIONERBYR5
ExhibitP2TRUECOPYOFORDERNO.JRGWYD/3106/2020-CRP
DATED27.08.2022ISSUEDBYR3
ExhibitP3TRUECOPYOFAPPEALNO.6624799OF2022
SUBMITTEDBYTHEPETITIONERALONGWITHANOTHER
PERSONBEFORETHESECRETARYTOGOVERNMENT(R1)
ExhibitP4TRUECOPYOFREPRESENTATIONDATED31.10.2022
SUBMITTEDBYTHEPETITIONERANDANOTHERBEFORE
R3

T. S. Kurian v. State of Kerala

Case brief

What is this about?

What did the court decide?

T. S. Kurian v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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