Sudha Gopakumar vs The District Collector
2023 Latest Caselaw 5082 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
       THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                              WP(C) NO. 13613 OF 2023
PETITIONER:

                  SUDHA GOPAKUMAR
                  AGED 52 YEARS
                  W/O (LATE) GOPAKUMAR, RESIDING AT KARUNNATTU HOUSE,
                  MANNAR, POOZHIKOL P.O., KOTTAYAM, PIN - 686604

                  BY ADVS.
                  HARISH R. MENON
                  K.T.SHYAMKUMAR
                  A.G.PRASANTH
                  K.N.ABHA
                  ALEENA SEBASTIAN


RESPONDENTS:

       1          THE DISTRICT COLLECTOR
                  KOTTAYAM, COLLECTORATE, KOTTAYAM, PIN - 686002

       2          THE THAHASILDAR,REVENUE RECOVERY, VAIKKOM, VAIKKOM
                  TALUK, KOTTAYAM DISTRICT, PIN - 686555

       3          JOINT REGISTRAR (GENERAL),OFFICE OF THE JOINT
                  REGISTRAR, CO-OPERATIVE SOCIETIES DEPARTMENT, KOTTAYAM
                  DISTRICT, PIN - 686001

       4          THE ASSISTANT REGISTRAR (GENERAL)
                  CO-OPERATIVE SOCIETIES DEPARTMENT, VAYKKOM, KOTTAYAM
                  DISTRICT, PIN - 686101

       5          VAIKOM TALUK VANITHA CO-OPERATIVE SOCIETY LTD. (K-955)
                  KADUTHURUTY, VAIKOM, KOTTAYAM DISTRICT. REPRESENTED BY
                  ITS SECRETARY, PIN - 686604

 Addl.R6          PRINCIPAL    SECRETARY,DEPARTMENT           OF     CO-OPERATION,
                  GOVERNMENT OF KERALA)

                  ADDL.R6 IS SUO MOTU IMPLEADED IN THE IMPUGNED JUDGMENT
                  DATED 13.4.2022)
THIS       WRIT    PETITION   (CIVIL)   HAVING    COME   UP    FOR   ADMISSION   ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)No.13613/2023                    2

                              JUDGMENT

The petitioner has approached this Court being aggrieved by the

fact that proceedings have been taken to recover the amounts found

payable by the petitioner in terms of Ext.P2 order issued under Section

68 (2) of the Kerala Co-operative Societies Act, 1969, despite the fact

that Ext.P3 appeal is pending consideration of the Government.

2. It is the submission of the learned counsel for the petitioner

that the petitioner has a substantial case to be argued in the appeal and

if recovery proceedings are continued pending disposal of the appeal,

the petitioner will be put to serious prejudice, injury and hardship.

3. The learned Senior Government Pleader submits that even

going by record of the case, the petitioner has not filed any stay petition

in the appeal and therefore, there is nothing wrong in the recovery

proceedings now initiated against the petitioner.

Having heard the learned counsel for the petitioner and the

learned Senior Government Pleader appearing for the respondents and

having regard to the facts and circumstances of the case, this writ

petition will stand disposed of, directing that if the petitioner files a

stay petition in Ext.P3 appeal within a period of one month from today,

the appellate authority (Principal Secretary, Department of Co-

operation, Government of Kerala) shall consider that stay application,

after affording an opportunity of hearing to the petitioner and take a

decision thereon, as expeditiously as possible, at any rate, within a

period of three months from the date on which the stay petition is filed

as directed in this judgment. Till such time as orders are passed on the

stay petition, further recovery proceedings against the petitioner shall

remain suspended. Since the Principal Secretary, Department of Co-

operation, Government of Kerala is not a party to the writ petition, the

said officer is suo motu impleaded as additional 6th respondent to the

writ petition.

Sd/-

GOPINATH P.

JUDGE acd

APPENDIX OF WP(C) 13613/2023

PETITIONER EXHIBITS

Exhibit P1 .A TRUE COPY OF THE SECTION 65 ENQUIRY REPORT OF THE 5TH RESPONDENT DATED 29.9.2018

Exhibit P2 A TRUE COPY OF THE SURCHARGE NO.HM8571/2017/K.DIS DATED 10-11-2021 ISSUED BY THE 3RD RESPONDENT

Exhibit P3 A TRUE COPY OF THE MEMORANDUM SUBMITTED BY THE PETITIONER BEFORE THE APPELLATE AUTHORITY

Exhibit P4 THE NOTICE NO. COPND3/213/2022-CO-OP., ISSUED BY THE JOINT SECRETARY DATED 31-1-

Exhibit P5 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO: RRC NO.2022/7380/05 DATED 17-3-2023 ISSUED UNDER SECTION 7 OF THE REVENUE RECOVERY ACT

Exhibit P6 TRUE COPY OF THE REVENUE RECOVERY NOTICE NO: RRC NO.2022/7380/05 DATED 18-3-2023 ISSUED UNDER SECTION 34 OF THE REVENUE RECOVERY ACT