Kerala High Court
The Managing Committee vs State Of Kerala on 17 March, 2021
WA 487/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE K. BABU
Wednesday,the 17th day of March 2021/26th Phalguna, 1942
WA No.487/2021
Against Judgment dated 17-02-2021 in WP(C) No.15206/2018 of this Court.
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For information purpose only
APPELLANT/PETITIONER:
THE MANAGING COMMITTEE,
PALA MARKETIG CO-OPERATIVE SOCIETY LIMITED NO. 4214,
P.B. NO. 33, PALA, KOTTAYAM DISTRICT,
REPRESENTED BY ITS PRESIDENT.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
CO-OPERATIVE DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
KOTTAYAM - 686 001.
3. BINDU C.K.,SPECIAL GRADE INSPECTOR
KIDANGOOR UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR
(GENERAL), MEENACHIL, KOTTAYAM - 686 577.
4. K.C SIBY,KIZHAKKEYIL, PALA.
5. MANUAL THOMAS,KARIMPANACKAL,
NEELOOR P.O., KOTTAYAM.
6. SOUMY KURUVILA @ V.K. KURUVILA,VADAKKEMURIL,
ANJOOTTIMANGALAM P.O., PLASSANAL.
7. ANCY KURUVILA,W/O. BABY THOMAS, CHERUKUNNEL HOUSE,
RAMAPURAM BAZAR P. O., KOTTAYAM DISTRICT, PIN - 686 576.
BY GOVERNMENT PLEADER FOR R1 TO R3.
Prayer for interim relief in the Writ Appeal stating that in the circumstances stated in
the appeal memorandum the High Court be pleased to stay all further proceedings in Exts.P7
and P11 in W.P.(C), pending disposal of the Writ Appeal.
This Writ Appeal coming on for orders on 17.03.2021 upon perusing the appeal
memorandum, the court on the same day passed the following:-
WA 487/2021 2/5
For information purpose only
EXT.P7: TRUE COPY OF THE COMMUNICATION DATED 12/10/2017 OF THE 1ST
RESPONDENT.
EXT.P11: TRUE COPY OF THE NOTICE OF HEARING DATED 20/04/2018.
ALEXANDER THOMAS & K.BABU, JJ.
============================
W.A No.487 of 2021
For information purpose only
(arising out of judgment dated 17.2.2021 in
W.P(C) No.15206/2018
============================
Dated this the 17th day of March, 2021
ORDER
The learned Government Pleader has taken notice before
admission for respondents 1 to 3. The appellant is permitted to serve
notice before admission on respondent Nos.4 and 6 through
Sri.D.Somasundaram, the learned counsel appearing for the party and
for R7, Sri.T.R.Harikumar, the learned counsel appearing for the
party at the writ petition stage. The petitioner will also take out notice
before admission to respondent Nos.4 to 7 by speed post returnable
within two weeks.
2. Sri.P.C.Sasidharan, the learned counsel appearing for the
appellant/petitioner in the writ petition would point out that the two
important issues are involved in this case. The first issue is regarding
the findings in Section 65 enquiry proceedings in which the petitioner
had filed a statutory appeal before the Government under Section
83(1)(j) of the Kerala Co-operative Societies Act, 1969 and the
For information purpose only
Government has mechanically passed a brief order dismissing the
appeal without touching on various relevant aspects in the matter,
which is contended by the appellant. Therefore, the said appellate
decision impugned in the writ petition deserves interdiction, which
has not been properly appreciated and considered by the learned
Single Judge, as per the impugned judgment in the writ petition.
Further the counsel for the appellant would point out that the second
issue is regarding the surcharge proceedings taken in terms of Section
68 of the Co-operative Societies Act, which has culminated in Exts.P4
and P5 proceedings purportedly on the basis of the said enquiry
findings. The second surcharge proceedings has included certain
items, which are not the part of Section 65 of the enquiry findings and
therefore it clearly hit by impropriety and not taking into
consideration of the relevant aspects in the matter. This vital aspects
of the matter has not been properly considered by the learned Single
Judge as per the impugned judgment.
3. Heard both sides.
4. This Court is of the view the appellant has made out a
strong prima facie case in the matter. Therefore, the subject matter of
For information purpose
the lis is to be preserved.
It may not only
be feasible for this Court to
conclude the hearing and disposal of the matter before the Court
closes for summer vacation on 9.4.2021. Accordingly, it is ordered
that the operation and enforcement of the impugned judgment
rendered by the learned Single Judge in the above writ petition as
well as the further proceedings pursuant to Exts.P7 and P11
proceedings shall be kept in abeyance. This order will in force till
15.6.2021.
Post the case in the admission list on 26.5.2021.
Handover to both sides.
Sd/-
ALEXANDER THOMAS
Judge
Sd/-
K.BABU
Judge
ab
/true copy/ Sd/- ASSISTANT REGISTRAR
