Jaison P.C vs State Of Kerala
2021 Latest Caselaw 12418 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                  THE HONOURABLE MR. JUSTICE T.R.RAVI

     TUESDAY, THE 11TH DAY OF MAY 2021 / 21ST VAISAKHA, 1943

                       WP(C).No.10580 OF 2021(V)


PETITIONER/S:

      1         JAISON P.C.
                AGED 47 YEARS
                S/O. CHACKO, PULIYILAKKAL, MURIKKUMKUNDU, AASARIKKAD
                P.O. 670 751 THRISSUR DISTRICT.

      2         MRUDALA RAMACHANDRAN
                POTTANATH HOUSE, IRAVIMANGALAM P.O.,-680751 THRISSUR
                DISTRICT.

      3         E.P.SUDHAKARAN
                EDATHARA HOUSE, MULAYAM AYYAPPANKAVU P.O.,-680 751
                THRISSUR DISTRICT.

      4         JALAJA RAMACHANDRAN
                THATTAMPARAMBIL HOUSE, VALAKKAVU, MULAYAM P.O.-680
                751 THRISSUR DISTRICT.

      5         M.L.BABY
                MADATHUMPADI HOUSE, ERAVIMANGALAM P.O.-680751,
                THRISSUR DISTRICT.

      6         T.C.ARJUNAN
                THATTAPARAMBIL, THATTAPARAMBIL HOUSE, POOCHETTI,
                NADATHARA P.O.,-680 751 THRISSUR DISTRICT.

                BY ADVS.
                SRI.M.SASINDRAN
                SRI.S.SHYAM KUMAR

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-
                OPERATION SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2         THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
                (GENERAL)
                THRISSUR-680 001.


OTHER PRESENT:
 WP(C).No.10580 OF 2021(V)

                                 2




             GP MABLE C KURIEN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.05.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.10580 OF 2021(V)

                                    3




                          JUDGMENT

Dated this the 11th day of May 2021

Admit.

The Government Pleader takes notice for the

respondents. Heard Sri M.Sasindran on behalf of the

petitioners and the Government Pleader on behalf of the

respondents.

2. The petitioners are members of the Committee of

the Nadathara Farmers Service Co-operative Bank Ltd

No.3499. It is stated that they were members of the previous

committee also. The 2nd respondent issued Ext.P1 order on

31.12.2020 under Section 68(2) of the Kerala Co-operative

Societies Act imposing surcharge on each of the petitioners to

the extent of Rs.5,10,474/-. The allegation against the

petitioners is that a construction was carried out violating the

stop order issued by the Registrar. The petitioners submit that

there is no allegation that any excess expenditure was made

for the construction of the building. Aggrieved by the order of WP(C).No.10580 OF 2021(V)

the 2nd respondent, the petitioners have preferred Exhibit P2

statutory appeal and along with the Exhibit P2 appeal they

have also filed Exhibit P3 petition seeking stay of further

proceedings pursuant to Exhibit P1. The grievance of the

petitioners is that the appeal and the stay petition are not

being disposed of and in the meanwhile proceedings are being

initiated to implement Exhibit P1 order. The writ petition has

been filed, praying for a direction to the 1 st respondent to

consider Exhibit P2 appeal and pass appropriate orders and to

keep the coercive action pursuant to Exhibit P1 in abeyance.

It is seen from the appeal that Exhibit P1 order which is

dated 31.12.2020 was received by the petitioners only on

05.03.2021 and the appeal has been filed on 29.03.2021.

Considering the limited prayer made in the writ petition, the

writ petition is disposed of directing the 1 st respondent to

consider and pass orders on Exhibit P3 application for stay

and if possible Ext.P2 appeal at the earliest, at any rate within

6 weeks from the date of receipt of a copy of this judgment.

The further proceedings pursuant to Exhibit P1 will be kept in WP(C).No.10580 OF 2021(V)

abeyance till disposal of Exhibit P3 stay petition as directed

above.

Sd/-

T.R.RAVI

JUDGE WP(C).No.10580 OF 2021(V)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE ORDER DATED 31.12.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE APPEAL MADE BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE PETITION FOR STAY PREFERRED BEFORE THE FIRST RESPONDENT.