Kerala High Court
Maniyappan T.V vs State Of Kerala on 13 January, 2021
WP(C).No.28224 OF 2020(C) &
WP(C).No.28452 OF 2020(F)
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.28224 OF 2020(C)
PETITIONER/S:
1 MANIYAPPAN T.V.
AGED 63 YEARS
THAIKOTTATHIL, PATTANAKKAD P O, ALAPPUZHA-688531.
2 SAJEEVAN
CHERIYANAD, PATTANAKKAD P O, ALAPPUZHA-688531.
BY ADVS.
SRI.B.PRAMOD
SMT.NAMITHA JYOTHISH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE JOINT REGISTRAR(GENERAL),
ALAPPUZHA, PIN-688001.
3 PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD
NO.144, PATTANAKKAD P O,
CHERTHALA, ALAPPUZHA, PIN-688531.
REPRESENTED BY ITS SECRETARY.
R3 BY ADV. SRI.T.R.HARIKUMAR
R3 BY ADV. SRI.ARJUN RAGHAVAN
R1 & R2 SR.GP.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, ALONG WITH WP(C).28452/2020(F), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28224 OF 2020(C) &
WP(C).No.28452 OF 2020(F)
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.28452 OF 2020(F)
PETITIONER/S:
KUNJU KHADEEJA
AGED 58 YEARS
W/O.LATE SAIDUKUTTY, PUTHEN VEEDU, PALLITHODU,
ALAPPUZHA.
BY ADV. SRI.B.PRAMOD
RESPONDENT/S:
1 STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE JOINT REGISTRAR (GENERAL),
ALAPPUZHA, PIN - 688 001.
3 PATTANAKKAD SERVICE CO-OPERATIVE BANK
LTD.NO.1144, PATTANAKKAD P.O., CHERTHALA,
ALAPPUZHA, PIN- 688 531, REP. BY ITS SECRETARY.
R3 BY ADV. SRI.T.R.HARIKUMAR
R3 BY ADV. SRI.ARJUN RAGHAVAN
R1 & R2 SR.GP.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, ALONG WITH WP(C).28224/2020(C), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28224 OF 2020(C) &
WP(C).No.28452 OF 2020(F) 3
JUDGMENT
The petitioners, who are served with order of
surcharge under Section 68 of the Kerala Co-operative
Society Act, have approached this court by filing two
separate Writ Petitions. The essential contention of them
was that by a composite order, the appeal filed by them to
the Government against the surcharge proceedings, was
dismissed by a non speaking and cryptic order.
2. When the matters were taken up, the learned
counsel for the petitioners submitted that identical Writ
Petition filed by other person aggrieved by the same
proceedings came up before this court as
W.P.(C)No.25247/2020. This court had held that the order
passed by the Government was not sustainable. It was set
aside and the matter was remanded for fresh consideration.
This submission was endorsed by Sri.T.R.Harikumar, the
learned standing counsel for the third respondent-Society
as well as the learned senior Government Pleader Mr.Bimal
WP(C).No.28224 OF 2020(C) &
WP(C).No.28452 OF 2020(F)
K Nath for respondents 1 and 2.
3. It seems that by a composite order, the appeals
were disposed of. Definitely, the finding of this court in
W.P.(C)NO.25247/2020 should enure to the benefit of
these Writ Petitions also. Having considered this, I am
inclined to allow these Writ Petitions and to set aside
Ext.P9 in W.P.(C)No.28224/2020 and Ext.P6 in
W.P.(C)No.28452/2020. The appellate authority shall
take up the appeals preferred by the present petitioners
and consider it along with the connected matters and
dispose it of, as expeditiously as possible.
Writ Petitions(C) are disposed of.
Sd/-
SUNIL THOMAS, JUDGE
R.AV
WP(C).No.28224 OF 2020(C) &
WP(C).No.28452 OF 2020(F)
APPENDIX OF WP(C) 28224/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PLAINT IN THE ARC.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGES OF
THE ENQUIRY REPORT DATED 12/05/2016.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED
14/08/2020 IN WA NO.390/2020.
EXHIBIT P4 TRUE COPY OF THE NOTICE ISSUED UNDER
SECTION 68(2) OF THE KCS ACT.
EXHIBIT P5 TRUE COPY OF THE EXPLANATION
SUBMITTED BY THE 1ST PETITIONER.
EXHIBIT P6 TRUE COPY OF THE EXPLANATION
SUBMITTED BY THE 2ND PETITIONER.
EXHIBIT P7 TRUE COPY OF THE SAID ORDER DATED
15/02/2019 PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE APPEAL FILED UNDER
SECTION 83(1)(E) OF THE KCS ACT BEFORE
THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER GO.
(RT)NO.532/20 DATED 21.10.2020 PASSED
BY THE 1ST RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE NOTICE NO.21/2020(4)
DATED 30.11.2020 ISSUED TO THE 1ST
PETITIONER.
EXHIBIT P11 TRUE COPY OF THE NOTICE NO.21/2020(8)
DATED 30.11.2020 ISSUED TO THE 2ND
PETITIONER.
WP(C).No.28224 OF 2020(C) &
WP(C).No.28452 OF 2020(F)
EXHIBIT P12 TRUE COPY OF THE UNAUTHENTICATED
VOUCHER DATED 31.3.2012.
EXHIBIT P13 TRUE COPY OF THE UNAUTHENTICATED
OVER DRAFT DATED 29.3.2011.
RESPONDENT'S/S EXHIBITS NIL
WP(C).No.28224 OF 2020(C) &
WP(C).No.28452 OF 2020(F)
APPENDIX OF WP(C) 28452/2020
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE RELEVANT PAGES OF THE
ENQUIRY REPORT DATED 12/05/2016.
EXHIBIT P2 TRUE COPY OF THE NOTICE ISSUED UNDER
SECTION 68(2) OF THE KCS ACT BY THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE EXPLANATION SUBMITTED BY
THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 15/02/2019.
EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF
MEMORANDUM OF APPEAL FILED UNDER
SECTION 83(1)(E) OF THE KCS ACT BEFORE THE
1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE COMMON ORDER DATED
21/10/2020 PASSED BY THE 1ST RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 30/11/2020
ISSUED TO THE PETITIONER BY THE 3RD
RESPONDENT.
RESPONDENT'S/S EXHIBITS NIL
