K.K.Gopinathan vs The Joint Registrar Of ...
2022 Latest Caselaw 2826 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SATHISH NINAN
    WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                        WP(C) NO. 16542 OF 2018


PETITIONER/S:



    1     K.K.GOPINATHAN
          AGED 74 YEARS
          S/O.KRISHNAN, AGED 74 YEARS, KRISHNA KRIPA,
          SANTHINAGAR, KUPPADI AMSOM, SULTAN BATHERY, WAYANAD-
          673593.
    2     K.R.BHASKARAN
          AGED 54 YEARS
          S/O.RAMAN, AGED 54 YEARS, KARUTHEDATH HOUSE,
          KOLAGAPPARA POST, WAYANAD DISTRICT-673591.
    3     V.T.THOMAS
          AGED 57 YEARS
          S/O.THOMAS, AGED 57 YEARS, VARIYATH HOUSE, PADICHIRA
          P.O., PULPPALLY, SULTAN BATHERY, WAYANAD-673579.
    4     SEENA BABU
          AGED 46 YEARS
          W/O.BABU, AGED 46 YEARS, KAITHAMATTAM HOUSE, NADAVAYAL
          P.O., WAYANAD-670721.
    5     PUSHPA CHANDRAN
          AGED 45 YEARS
          W/O.CHANDRAN, AGED 45 YEARS, CHALITHODIKAYIL HOUSE,
          EDAYKKAL, AMBALAVAYAL P.O., WAYANAD-673581.
    6     SANDHYA RAJENDRAN
          AGED 41 YEARS
          W/O.RAJENDRAN, AGED 41 YEARS, VADAKKASSERIYIL, NENMENI
          P.O.,SULTAN BATHERY, WAYANAD-673592.
    7     ANTONY V.A.
          AGED 51 YEARS
          S/O.ANTONY, AGED 51 YEARS, VADAKKEKANNAMANGALATH HOUSE,
          CHETTAPPALAM P.O., PULPPALLY, WAYANAD-673579.
    8     SIVARAMAN M.N.
          AGED 57 YEARS
          S/O.NARAYANAN, AGED 57 YEARS, MADAPPATTU HOUSE,
          KALLOOR, NOOLPUZHA P.O., SULTAN BATHERY, WAYANAD-
          673592.
    9     N.C.KRISHNA KUMAR
          AGED 51 YEARS
          S/O.CHOYIKKUTTY, AGED 51 YEARS, NECHOLI HOUSE,
          VADUVANCHAL P.O.,AMBALAVAYAL, WAYANAD-673581.
 WP(C) NOS. 16542, 18246
& 18368 OF 2018                   2

     10     T.J.JOSEPH
            AGED 61 YEARS
            S/O.JACOB, AGED 61 YEARS, THELAKKAD HOUSE, KUPPADI
            P.O.,SULTAN BATHERY, WAYANAD-673592.
     11     M.T.KARUNAKARAN,AGED 44 YEARS
            S/O.MANI, AGED 44 YEARS, THIRUMUKHATH HOUSE, PAKKAM
            P.O., PULPPALLY, WAYANAD-673579.
     12     ANEESH MAMBALLY,AGED 32 YEARS
            S/O.SKARIA, AGED 32 YEARS, MAMBALLY, MARAKKADAVU
            P.O., PERIKKALLUR, PULPPALLY, WAYANAD-673579.
     13     K.A.UMMER,AGED 46 YEARS
            S/O.ABOOBAKKER, AGED 46 YEARS, KUNDATTIL HOUSE,
            KUPPADI P.O.,VENGOOR, SULTAN BATHERY, WAYANAD
            DISTRICT, PIN CODE-673592.
            BY ADVS.
            SRI.GEORGE POONTHOTTAM (SR.)
            SMT.NISHA GEORGE


RESPONDENT/S:

     1      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL)
            WAYANAD, PIN CODE-673003.
     2      THE INQUIRY OFFICER,ASSISTANT REGISTRAR OF CO-
            OPERATIVE SOCIETIES (GENERAL),SULTAN BATHERY, WAYANAD
            DISTRICT, PIN CODE-673593.
     3      THE SULTAN BATHERY PRIMARY CO-OPERATIVE AGRICULTURAL
            AND RURAL DEVELOPMENT BANK
            SULTAN BATHERY, WAYANAD DISTRICT, PIN CODE-
            673593,REPRESENTED BY SECRETARY.
     4      THE PART TIME ADMINISTRATOR
            SULTAN BATHERY PRIMARY CO-OPERATIVE AGRICULTURAL AND
            RURAL DEVELOPMENT BANK, SULTAN BATHERY, WAYANAD
            DISTRICT, PIN CODE-673593.
            BY ADVS.
            SR.GP:SMT.RESMI K.M.
            SRI. P.U. SHAILAJAN
            M. SURESH KUMAR
            D.N. NISHANI
            VIDYA KURIAKOSE
            V. SREEJITH (K/1398/2000)
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, ALONG WITH WP(C).18246/2018, 18368/2018, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS. 16542, 18246
& 18368 OF 2018                       3



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE SATHISH NINAN
   WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                          WP(C) NO. 18246 OF 2018


PETITIONER/S:

     1      K.K.GOPINATHAN
            AGED 74 YEARS
            S/O.KRISHNAN, AGED 74 YEARS,KRISHNA KRIPA,
            SANTHINAGAR,KUPPADI AMSOM, SULAHAN BATHERY,WAYANAD -
            673 593.
     2      K.R.BHASKARAN
            S/O.RAMAN, AGED 54 YEARS,KARUTHEDATH HOUSE,
            KOLAGAPPARA POST,WAYANAD DISTRICT - 673 591.
     3      V.T.THOMAS
            S/O.THOMAS, AGED 57 YEARS,VARIYATH HOUSE, PADICHIRA
            P.O.,PULPPALLY, SULTHAN BATHERY,WAYANAD - 673 579.
     4      SEENA BABU
            W/O.BABU, AGED 46 YEARS,KAITHAMATTAM HOUSE, NADAVAYAL
            P.O.,WAYANAD - 670 121.
     5      PUSHPA CHANDRAN
            W/O.CHANDRAN, AGED 45 YEARS,CHALITHODIKAYIL HOUSE,
            EDAYKKAL,AMBALAVAYAL P.O., WAYANAD - 673 581.
     6      SANDHYA RAJENDRAN
            W/O.RAJENDRAN, AGED 41 YEARS,VADAKKASSERIYIL, NENMENI
            P.O.,SULTHAN BATHERY, WAYANAD - 673 592.
     7      ANTONY V.A.
            S/O.ANTONY, AGED 51 YEARS,VADAKKEKANNAMANGALATH
            HOUSE,CHETTAPPALAM P.O., PULPPALLY,WAYANAD - 673 579.
     8      SIVARAMAN M.N.
            S/O.NARAYANAN, AGED 57 YEARS,MADAPPATTU HOUSE,
            KALLOOR,NOOLPUZHA P.O., SULTHAN BATHERY,WAYANAD - 673
            592.
     9      N.C.KRISHNA KUMAR
            S/O.CHOYIKKUTTY, AGED 51 YEARS,NECHOLI HOUSE,
            VADUVANCHAL P.O.,AMBALAVAYAL, WAYANAD - 673 581.
     10     T.J.JOSEPH
            S/O.JACOB, AGED 61 YEARS,THELAKKAD HOUSE, KUPPADI
            P.O.,SULTHAN BATHERY, WAYANAD - 673 592.
     11     M.T.KARUNAKARAN
            S/O.MANI, AGED 44 YEARS,THIRUMUKHATH HOUSE, PAKKAM
 WP(C) NOS. 16542, 18246
& 18368 OF 2018                   4

            P.O.,PULPPALLY, WAYANAD - 673 579.
     12     ANEESH MAMBALLY
            S/O.SKARIA, AGED 32 YEARS,MAMBALLY, MARAKKADAVU
            P.O.,PERIKKALLUR, PULPPALLY,WAYANAD DISTRICT - 673
            579.
            BY ADVS.
            SRI.GEORGE POONTHOTTAM (SR.)
            SMT.NISHA GEORGE


RESPONDENT/S:

     1      JOINT REGISTRAR
            WAYANAD, PIN CODE - 673 003.
     2      THE SULTHAN BATHERY PRIMARY CO-OPERATIVE AGRICULTURAL
            AND RURAL DEVELOPMENT BANK
            SULTHAN BATHERY, WAYANAD DISTRICT,PIN CODE - 673 593,
            REPRESENTED BY ITS SECRETARY.
     3      THE PART TIME ADMINISTRATOR
            SULTHAN BATHERY PRIMARY CO-OPERATIVE AGRICULTURAL
            ANDRURAL DEVELOPMENT BANK, SULTAN BATHERY,WAYANAD
            DISTRICT, PIN CODE - 673 593.
            BY ADVS.
            GOVERNMENT PLEADER
            SRI.P.U.SHAILAJAN


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, ALONG WITH WP(C).16542/2018 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS. 16542, 18246
& 18368 OF 2018                       5



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE SATHISH NINAN
   WEDNESDAY, THE 16TH DAY OF MARCH 2022 / 25TH PHALGUNA, 1943
                          WP(C) NO. 18368 OF 2018
PETITIONER/S:

            REJASEKHARAN P.
            AGED 29 YEARS
            S/O.DAMODHARAN NAIR,AGED 26, SAI SADAN, NENMENI
            P.O.,SULTHAN BATHERY, WAYANAD DISTRICT.
            BY ADVS.
            SRI.V.VINCENT DIDACOSE
            SRI.S.ABHILASH VISHNU
            SRI.ATHUL SHAJI


RESPONDENT/S:

     1      JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES
            SULTHAN BATHERY, WAYANAD, PIN 673 592
     2      ASSISTANT REGISTRAR GENERAL OF CO-OPERATIVE SOCIETIES
            SULTHAN BATHERY, WAYANAD, PIN 673 592.
     3      SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE
            AGRICULTURAL
            AND RURAL DEVELOPMENT BANK LTD, NO.W299SULTHAN
            BATHERY P.O., WAYANAD 673 592REPRESENTED BY ITS
            SECRETARY.
     4      PART TIME ADMINISTRATOR
            SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRULTURAL
            AND RURAL DEVELOPMENT BANK LTD., NO.W299,SULTHAN
            BATHERY (P.O), WAYANAD - 673 592.
     5      STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENTCO-
            OPERATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM
            695 001.
            BY ADVS.
            GOVERNMENT PLEADER
            SRI.P.U.SHAILAJAN
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2022, ALONG WITH WP(C).16542/2018 AND WP(C).18246/2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NOS. 16542, 18246
& 18368 OF 2018                           6

                                   JUDGMENT

The appeal preferred by the petitioners in WP(C)

Nos.16542/2018 and 18246/2018 challenging the order of

surcharge under Section 68(2), was disposed of by the

appellate authority for the reason that these Writ

Petitions are pending before this Court. WP(C)

No.16542/2018 is filed challenging the report under

Section 65, and WP(C) No.18246/2018 is filed during

the pendency of the Section 68 proceedings,

challenging the same. The mere pendency of the said

Writ Petitions would not stand in the way of the

appellate authority considering the appeal filed

against final orders under Section 68(2) of the Kerala

Co-operative Societies Act.

2. WP(C)No.18368/2018 is filed by an officer who

was in charge of the Secretary during the relevant

period or a part thereof. The order of surcharge

includes him also. He has not filed an appeal

challenging the order of surcharge. When the Statute

provides for an appellate remedy, it is for him to

avail such remedy.

WP(C) NOS. 16542, 18246

3. As noticed as above, the appeal which was

pending before the statutory authority was not

considered by the authority on merits, and was closed

on the pendency of the Writ Petition before this

Court. The appellate authority ought to have

considered the appeal on its merits and appropriate

orders passed.

Accordingly, Ext.P14 order in W.P.(C)No.18246/2018

is quashed. The appeal will stand restored to files.

The authority shall consider the appeal on its merits,

granting the petitioners an opportunity of hearing.

Insofar as the petitioner in WP(C)No.18368/2018 is

concerned, it is ordered that, if the petitioner files

an appeal within a period of two weeks from today, the

same shall be considered to have been filed within the

time stipulated under the statute, and it shall be

taken up for consideration along with the appeal filed

by the petitioners in WP(C) No.18246/2018. The interim

order granted by this Court will continue in force

till disposal of the appeal. All the grounds of

challenge urged in these Writ Petitions are left open WP(C) NOS. 16542, 18246

to be urged before the appellate authority. Let the

appeals be disposed of within a period of two months

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

Sd/-

SATHISH NINAN JUDGE sd WP(C) NOS. 16542, 18246

APPENDIX OF WP(C) 18246/2018

PETITIONER EXHIBITS EXHIBIT P1. TRUE COPY OF THE ORDER NO.C.R.B. 3502/12 DATED 28.02.2013 PASSED BY THE 1ST RESPONDENT.

EXHIBIT P2. TRUE COPY OF THE ORDER NO.3503/12/CRB DATED 13.03.2013 PASSED BY THE 1ST RESPONDENT. EXHIBIT P3. TRUE COPY OF THE ORDER NO.3504/12/CRB DATED 13.03.2013 PASSED BY THE 1ST RESPONDENT. EXHIBIT P4. TRUE COPY OF THE ORDER NO.CRB 3504/12 DATED 07.04.2014 PASSED BY THE 1ST RESPONDENT. EXHIBIT P5. TRUE COPY OF THE QUICK VERIFICATION REPORT (REVISED) NO.QV 2/2013- WYD DATED 14.05.2013.

EXHIBIT P6. COPY OF THE INTERIM ORDER DATED 15.12.2016 IN W.P.(C) NO.39525 OF 2016 PASSED BY THIS HON'BLE COURT.

EXHIBIT P7. COPY OF THE COMPLAINT SUBMITTED BY ONE OF THE MEMBERS OF THE THEN MANAGING COMMITTEE DATED 08.05.2017.

EXHIBIT P8. COPY OF THE JUDGMENT DATED 12.04.2017 IN W.P(C) NO.7445 OF 2017 PASSED BY THIS HON'BLE COURT.

EXHIBIT P9. COPY OF THE ORDER NO.C.R.B./557/17 DATED 17.05.2017 PASSED BY THE 1ST RESPONDENT. EXHIBIT P10. COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER BY THE ASSISTANT REGISTRAR DATED 22.02.2018.

EXHIBIT P11. COPY OF THE REPORT UNDER SECTION 68(1) OF THE KCS ACT ALONG WITH NOTICE DATED 13.04.2018.

EXHIBIT P12. COPY OF THE REPLY TO THE NOTICE AND EXHIBIT P11 REPORT, DATED 30.04.2018 WITHOUT ENCLOSURES.

EXHIBIT P13. COPY OF THE ORDER NO.C.R.B./3575/16 DATED 10.05.2018 PASSED BY THE 1ST RESPONDENT. EXHIBIT P14. COPY OF THE G.O.(Rt) No.668/2018/Co-op DATED 01.12.2018 RESPONDENTS'EXHIBITS EXHIBIT R2(a) COPY OF THE ORDER NO.CRB 4674/12 DATED 29.03.2014 OF THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES, WAYANAD EXHIBIT R2(b) COPY OF THE ORDER DATED 26.02.2014 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES WP(C) NOS. 16542, 18246

EXHIBIT R2(c) COPY OF THE ORDER DATED 05.08.2016 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT R2(d) COPY OF THE ORDER NO.CRB 4432/17 DATED 04.01.2019 OF THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES, WAYANDAD WP(C) NOS. 16542, 18246

APPENDIX OF WP(C) 18368/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER DATED 20/6/2014 OF THE 1ST RESPONDENT EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 29/5/2015 OF THIS HON'BLE COURT IN WPC NO.14897/2015 EXHIBIT P3 TRUE COPY OF THE ORDER NO.E1/2015 DATED E1/2015 DATED 20/6/2015 REGULARIZING EXHIBIT P4 TRUE COPY OF THE ORDER NO.E9/2015 DATED 22/8/2015 DECLARING THE SATISFACTORY COMPLETION OF PROBATION OF THE PETITIONER AND OTHERS EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 16/9/2017 OF THIS HON'BLE COURT IN R.P NO.699/2016 IN WPC NO.14897/2015 EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED 4/1/201 IN W.A NO.2688/2017 EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 4/4/2017 IN WPC NO.11706/2017 OF THE HON'BLE COURT EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 5/3/2018 ISSUED TO THE PETITIONER EXHIBIT P9 TRUE COPY OF THE ENQUIRY REPORT DATED NIL OF THE 2ND RESPONDENT EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER DATED 26/3/2018 IN WPC NO.10448/2018 OF THIS HON'BLE COURT EXHIBIT P11 TRUE COPY OF THE REPLY DATED NIL SUBMITTED BY THE PETITIONER EXHIBIT P12 TRUE COPY OF THE ORDER DATED 10/5/2018 OF THE 1ST RESPONDENT WP(C) NOS. 16542, 18246

APPENDIX OF WP(C) 16542/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.C.R.B.3502/12 DATED 28.02.2013 PASSED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.3503/12/CRB DATED 13.03.2013 PASSED BY THE 1ST RESPONDENT. EXHIBIT P3 TRUE COPY OF THE ORDER NO.3504/12/CRB DATED 13.03.2013 PASSED BY THE 1ST RESPONDENT. EXHIBIT P4 TRUE COPY OF THE ORDER NO.CRB 3504/12 DATED 07.04.2014 PASSED BY THE 1ST RESPONDENT. EXHIBIT P5 TRUE COPY OF THE QUICK VERIFICATION REPORT (REVISED) NO.QV 2/2013-WYD DATED 14.05.2013.

EXHIBIT P6 COPY OF THE INTERIM ORDER DATED 15.12.2016 IN W.P.(C) NO.39525 OF 2016 PASSED BY THIS HON'BLE COURT.

EXHIBIT P7 COPY OF THE COMPLAINT SUBMITTED BY ONE OF THE MEMBERS OF THE THEN MANAGING COMMITTEE DATED 08.05.2017.

EXHIBIT P8 COPY OF THE JUDGMENT DATED 12.04.2017 IN W.P.(C) NO.7445 OF 2017 PASSED BY THIS HON'BLE COURT.

EXHIBIT P9 COPY OF THE ORDER NO.C.R.B./557/17 DATED 17.05.2017 PASSED BY THE 1ST RESPONDENT. EXHIBIT P10 COPY OF THE INQUIRY REPORT UNDER SECTION 65 DATED 19.05.2017 WITH COVERING LETTER DATED 27.02.2018.

EXHIBIT P11 COPY OF THE EXPLANATION/REPLY SUBMITTED BY THE PETITIONERS ON 09.04.2018. EXHIBIT P12 COPY OF THE NOTICE ISSUED TO THE 1ST PETITIONER BY THE 2ND RESPONDENT DATED 22.02.2018.

EXHIBIT P13 COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT DATED 06.03.2018.

EXHIBIT P14 COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 19.03.2018.

EXHIBIT P15 COPY OF THE REPORT UNDER SECTION 68(1) OF THE KCS ACT ALONG WITH THE NOTICE DATED 13.04.2018.

EXHIBIT P16 COPY OF THE REPLY TO THE NOTICE AND EXHIBIT P10 REPORT, DATED 30.04.2018 WITHOUT ENCLOSURES.