Shaji.R vs Joint Registrar Of Co-Operative
2021 Latest Caselaw 18325 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
    TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                       WP(C) NO. 17796 OF 2021
PETITIONER:

          SHAJI.R
          AGED 52 YEARS
          S/O.C.K.RAJAN, CRS NILAYAM, MUTTUKONAM, KUZHALMANNAM,
          ALATHUR TALUK, PALAKKAD DISTRICT

          BY ADVS.
          G.HARIHARAN
          PRAVEEN HARIHARAN



RESPONDENTS:

    1     JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL), CIVIL STATION, PALAKKAD 678 001

    2     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
          CIVIL STATION, PALAKKAD 678 001

    3     KUZHALMANNAM BLOCK RURAL CREDIT CO-OPERATIVE SOCIETY
          LTD.
          NO.P1321, KANNANUR, KANADI P.O., PALAKKAD DISTRICT 678
          701, REP.BY ITS SECRETARY.

    4     MR. N. VINESH
          KUZHALMANNAM BLOCK RURAL CREDIT CO-OPERATIVE SOCIETY
          LTD., KANNNUR, KANNADI P.O., PALAKKAD DISTRICT 678 701

    5     MR. R.JAYAKUMAR
          HONORARY SECRETARY, KUZHALMANNAM BLOCK RURAL CREDIT CO-
          OPERATIVE SOCIETY LTD., KANNNUR, KANNADI P.O., PALAKKAD
          DISTRICT 678 701

    6     THE REGISTRAR OF COOPERATIVE SOCIETIES
          JAWAHAR SAHAKARANABHAVAN, DPI JUNCTION, THYCAUD P.O.,
          THIRUVANANTHAPURAM 695 014

    7     DEPUTY TAHSILDAR (RR)
          CIVIL STATION, PALAKKAD, PALAKKAD 678 001
                                  2
WP(C) NO. 17796 OF 2021




    8     THE VILLAGE OFFICER
          KANNADI VILLAGE, KANNADI, PALAKKAD DISTRICT 678 701



          STATE OF KERALA,
    *9    REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
          CO-OPERATIVE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001

          *ADDL.R9 IS IMPLEADED AS PER I.A.NO.1 OF 2021 DATED
          07/09/2021.

          BY GOVT.PLEADER:SMT.SHEEJA.C.S
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      3
WP(C) NO. 17796 OF 2021



                            SATHISH NINAN, J.
                = = = =    = = = = = = = = = = = = = =
                     W.    P. (C) No.17796 of 2021
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             Dated this    the 7th day of September, 2021

                             J U D G M E N T

Challenging Ext.P5 order of surcharge under Section 68(2)

of the Kerala Co-operative Societies Act, the petitioner has

preferred appeal before the sixth respondent. The appeal is

accompanied by Ext.P7 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.

2. The appeal is to be considered by the additional 9 th

respondent and has been forwarded to the 9 th respondent,

submits the learned Government Pleader.

3. Without expressing anything on the merits, the writ

petition is disposed of directing the 9th respondent to hear

and dispose of the appeal with due notice to the parties, as

WP(C) NO. 17796 OF 2021

expeditiously as possible and at any rate within a period of

two months from the date 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

rsr

WP(C) NO. 17796 OF 2021

APPENDIX OF WP(C) 17796/2021

PETITIONER EXHIBITS

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

Exhibit P2 TRUE COPY OF THE FIR NO.0273 DATED 18.3.2021 FILED AGAINST RESPONDENTS 4,5 AND 4 OTHERS BY THE PALAKKAD TOWN SOUTH POLICE STATION.

Exhibit P3 TRUE COPY OF THE RESIGNATION LETTER SUBMITTED BY THE PETITIONER ADDRESSED TO THE RESPONDENTS 3 TO 5 21.12.2019

Exhibit P4 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 5.2.2020

Exhibit P5 TRUE COPY OF THE ORDER DATED 5.11.2020 ISSUED BY THE 1ST RESPONDENT IMPOSING A LIABILITY OF RS.4,82,78,940/-

Exhibit P6 TRUE COPY OF THE COMMUNICATION DATED 7.1.2021 SENT FROM THE 1ST RESPONDENT OFFICE STATING THE APPEAL HAS BEEN TAKEN TO FILE AS CP(4)137/2021

Exhibit P7 TRUE COPY OF THE STAY PETITION DATED 21.11.2020 FILED BY THE PETITIONER BEFORE THE 6TH RESPONDENT

Exhibit P8 TRUE COPY OF THE JUDGMENT PASSED BY THIS HON'BLE COURT IN W.P.(C) NO.17025/2021 ON 25.4.2021