Udayasankar P vs Joint Registrar Of Co-Operative ...
2021 Latest Caselaw 17410 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SATHISH NINAN
         WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                          WP(C) NO. 17025 OF 2021
PETITIONER:

              UDAYASANKAR P.
              S/O. VELAYUDHAN NAIR, RESIDING AT 1/184, SREECHITHRA,
              KADAKURISSI, KANNADI P. O., PALAKKAD DISTRICT - 678701.

              BY ADVS.
              G.HARIHARAN
              PRAVEEN.H.
              K.S.SMITHA
              V.R.SANJEEV KUMAR



RESPONDENTS:

     1        JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL)
              CIVIL STATION, PALAKKAD - 678001.

     2        ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
              CIVIL STATION, PALAKKAD - 678001.

     3        KUZHALMANNAM BLOCK RURAL CREDIT CO-OPERTIVE SOCIETY LTD.
              NO.P1321, KANNANUR, KANNADI P. O., PALAKKAD DISTRICT -
              678701, REPRESENTED BY ITS SECRETARY.

     4        N. VINESH
              FORMER PRESIDENT, KUZHALMANNAM BLOCK RURAL CREDIT CO-
              OPERATIVE SOCIETY LTD. NO.P1321, KANNANUR, KANNADI P. O.,
              PALAKKAD DISTRICT - 678701.

     5        R. JAYAKUMAR
              HONORARY SECRETARY, KUZHALMANNAM BLOCK RURAL CREDIT CO-
              OPERATIVE SOCIETY LTD. NO.P1321, KANNANUR, KANNADI P. O.,
              PALAKKAD DISTRICT - 678701.

     6        THE REGISTRAR OF CO-OPERATIVE SOCIETIES
              JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P. O.,
              THIRUVANANTHAPURAM - 695014.

     7        DEPUTY TAHSILDAR (RR)
              CIVIL STATION, PALAKKAD - 678001.
 WP(C) NO. 17025 OF 2021                 -2-


     8      THE VILLAGE OFFICER
            KANNADI I VILLAGE, KANNADI, PALAKKAD DISTRICT - 678701.


            BY SRI.BIMAL K. NATH, SR. GOVT. PLEADER

     THIS   WRIT   PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
25.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
          = = = = = = = = = = = = = = = = = =
               W. P. (C) No.17025 of 2021
          = = = = = = = = = = = = = = = = = =
        Dated this the 25th day of August, 2021

                    J U D G M E N T

Challenging Ext.P7 order of surcharge under Section

68(2) of the Kerala Co-operative Societies Act, the

petitioner has preferred Ext.P8 appeal before the sixth

respondent. The appeal is accompanied by Ext.P9 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.

Without expressing anything on the merits, the writ

petition is disposed of directing the sixth respondent

to hear and dispose of the appeal (Ext.P8) with due

notice to the parties, as expeditiously as possible and

at any rate within a period of two months from the date W. P. (C) No.17025 of 2021

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

kns/-

//True Copy// P.S. to Judge APPENDIX OF WP(C) 17025/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT SOCIETY AT THE INSTANCE OF THE R RESPONDENTS 4 AND 5 OFFERING HIGHER RATES OF INTEREST TO THE DEPOSITORS DURING THE YEAR 2017.

Exhibit P2 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER ON 26.05.2020 BEFORE THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMPLAINT FILED BY SMT. V.

JAYASREE WIFE OF THE PETITIONER ON 26.05.2020 BEFORE THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE COMPLAINT FILED BY MR. ARUN SANKAR SON OF THE PETITIONER ON 26.05.2020 BEFORE THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY THE PETITIONER ADDRESSED TO THE RESPONDENTS 3 TO 5 ON 21.10.2019.

Exhibit P6 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 05.02.2020.

Exhibit P7 TRUE COPY OF THE ORDER DATED 05.11.2020 ISSUED BY THE 1ST RESPONDENT IMPOSING A LIABILITY OF RS.4,82,78,940/-.

Exhibit P8 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 12.08.2021 FILED BY THE PETITIONER AGAINST EXHIBIT P7 ORDER BEFORE THE 6TH RESPONDENT ALONG WITH CHALLAN RECEIPT TOWARDS FEES WITHOUT EXHIBITS.

Exhibit P9 TRUE COPY OF THE STY PETITION DATED 12.08.2021 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT.

Exhibit P10 TRUE COPY OF THE DEMAND NOTICE DATED 06.08.2021 ISSUED U/S 7 OF THE RR ACT BY THE 7TH RESPONDENT AGAINST THE PETITIONER APPENDIX/WP(C) NO. 17025 OF 2021

DEMANDING A SUM OF RS. 21,53,421/-

Exhibit P11 TRUE COPY OF THE DEMAND NOTICE DATED 06.08.2021 ISSUED U/S 34 OF THE RR ACT BY THE 7TH RESPONDENT AGAINST THE PETITIONER DEMANDING A SUM OF RS. 21,53,421/-

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