Bhaskaran.P.V vs State Of Kerala
2021 Latest Caselaw 16997 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
           THE HONOURABLE MR. JUSTICE SUNIL THOMAS
  THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                   WP(C) NO. 16426 OF 2021
PETITIONERS:

    1     BHASKARAN.P.V
          AGED 65 YEARS
          S/O. SHANKARAN V.F., ERAVIL, PILICODE, PILICODE
          VILLAGE, HOSDURG TALUK, P.O.PILICODE, -671353,
          KASARAGOD DISTRICT.

    2     KUNHIKRISHNAN,
          S/O.KOTTAN, KANNANKAI, PILICODE VILLAGE, HOSDURG
          TALUK, P.O.PILICODE, -671353, KASARAGOD DISTRICT.

    3     RAMACHANDRAN M.,
          S/O. KANNAN K., KANNANKAI, PILICODE, PILICODE
          VILLAGE, HOSDURG TALUK, P.O.PILICODE, KASARAGOD
          DISTRICT-671353.

    4     CHANDRAN C.,
          S/O. KRISHNAN NAIR, VARAKKOTTU VAYAL, PILICODE,
          PILICODE VILLAGE, HOSDURG TALUK, P.O.PILICODE,
          KASARAGOD DISTRICT-671353.

    5     RAGHAVAN M.,
          S/O. RAMAN M. THUMBAKUTHIR, PILICODE, PILICODE
          VILLAGE, HOSDURG TALUK, P.O.PILICODE, KASARAGOD
          DISTRICT-671353.

    6     KRISHNAN T.V.,
          S/O.KORAN, ARAYAKEEL, PILICODE, PILICODE VILLAGE,
          HOSDURG TALUK, P.O.PILICODE, KASARAGOD DISTRICT-
          671353.

    7     PRADEEPAN P.V.T.,
          S/O. RAGHAVAN N., MALLAKARA, PILICODE, PILICODE
          VILLAGE, HOSDURG TALUK, P.O.PILICODE, KASARAGOD
          DISTRICT-671353.
 WP(C) NO. 16426 OF 2021
                                    2

     8       LALITHA P.,
             D/O. KRISHNAN P. MATTALAI, PILICODE, PILICODE
             VILLAGE, HOSDURG TALUK, P.O.PILICODE, KASARAGOD
             DISTRICT-671353.

     9       GEETHA V.,
             W/O. SHANKARAN K.V., VAYAL, PILICODE, PILICODE
             VILLAGE, HOSDURG TALUK, P.O.PILICODE, KASARAGOD
             DISTRICT-671353.

    10       SAROJINI K.P.,
             D/O. RAMAN, ARAYAKEEL, PILICODE, PILICODE
             VILLAGE, HOSDURG TALUK, P.O.PILICODE, KASARAGOD
             DISTRICT-671353.

    11       USHAKUMARI T.T.V.,
             W/O. RAVINDRAN NAMBIAR, ARAVIL, PILICODE,
             PILICODE VILLAGE, HOSDURG TALUK, P.O.PILICODE,
             KASARAGOD DISTRICT-671353.

             BY ADVS.
             M.RAMESH CHANDER (SR.)
             K.A.SANJEETHA
             BONNY BENNY

RESPONDENTS:


     1       STATE OF KERALA
             REPRESENTED BY SECRETARY TO THE DEPARTMENT OF CO-
             OPERATIVE SOCIETIES, GOVERNMENT OF KERALA,
             THIRUVANANTHAPURAM-695001.

     2       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (GENERAL),
             KASARAGODE-671121.

             BY ADV. SR GP BIMAL K NATH


      THIS    WRIT     PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     12.08.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 16426 OF 2021
                                 3




                          JUDGMENT

Dated this the 12th day of August, 2021

The petitioners are the members of the Director

Board of a Co-operative Society. Against the order

passed evidenced by Ext.P1 under Section 68(2) of the

Co-operative Societies Act, they have preferred Ext.P2

statutory appeal. Along with statutory appeal, Ext.P3

application for stay was also filed. The grievance of the

petitioners is that pending Ext.P2 and Ext.P3, there is

every chance of coercive steps being initiated against

them.

2. Having heard the learned Counsel for the

petitioner and the learned Senior Government Pleader for

respondents, I am inclined to dispose of the Writ Petition

itself with a direction that the first respondent shall take

up Ext.P3 application, if it is otherwise in order, as

expeditiously as possible, at any rate, within a period of

one month from the date of receipt of a copy of this

judgment and shall pass appropriate order on Ext.P3. WP(C) NO. 16426 OF 2021

During the above period, coercive steps against the

petitioners pursuant to the impugned order shall stand

deferred. The authority shall try to hear and dispose of

the appeal itself, if possible, without any further delay.

Accordingly, the Writ Petition is disposed of.

Sd/-

SUNIL THOMAS

JUDGE SKP/12-8 WP(C) NO. 16426 OF 2021

APPENDIX OF WP(C) 16426/2021

PETITIONERS EXHIBITS:

EXHIBIT P1 PHOTOSTAT COPY OF THE ORDER OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY (GENERAL) BEARING NO.C.R.P.232/2020 DATED 2.2.2021.

EXHIBIT P2 PHOTOSTAT COPY OF THE MEMORANDUM OF APPEAL BEFORE THE 1ST RESPONDENT DATED 1.3.2021.

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR STAY DATED 28.7.2021 BEFORE THE 1ST RESPONDENT.

RESPONDENTS EXHIBITS: NIL TRUE COPY P.A. TO JUDGE