A.Rajagopalan vs The Joint Registrar Of ...
2023 Latest Caselaw 9339 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                       WP(C) NO. 28633 OF 2023
PETITIONER:

            A.RAJAGOPALAN,
            AGED 64 YEARS,
            S/O.ARUMUGHAN, METTUMPURAM HOUSE, KANIYARAKODE POST,
            THRISSUR - 680 594.
            BY ADVS.
            C.ANIL KUMAR
            A.K.PREETHA
            RESHMA R.KRISHNAN


RESPONDENTS:

    1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)

            THRISSUR, KALYAN NAGAR, AYYANTHOLE, THRISSUR - 680 003.

    2       ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),O/O.THE ASSISTANT REGISTRAR (GENERAL),
            THALAPPALLY, THRISSUR - 680 582.

    3       PULAKKODE SERVICE CO-OPERATIVE BANK LTD. NO.R 185,
            PULAKKODE POST, THRISSUR - 680 586,
            REPRESENTED BY ITS SECRETARY.




            BY SMT. C S SHEEJA (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 28633 OF 2023
                                 2

                           JUDGMENT

The petitioner was the Secretary of the 3rd respondent

Society. The petitioner has preferred this writ petition

challenging Ext.P4 order issued in terms of the provisions

contained in Section 68(2) of the Co-operative Societies Act,

1969 ('the Act' for short). The learned counsel appearing for the

petitioner would submit that the liability imposed on the

petitioner in terms of Ext.P4 order is completely unsustainable

in law. It is submitted that the petitioner has been mulcted with

the liability finding that the petitioner was solely responsible for

non inclusion of certain gold ornaments for auction. It is the

submission of the learned counsel appearing for the petitioner

that a Sub Committee was constituted by the Managing

Committee for the purpose of conducting gold auction to

recover amounts due under overdue loan accounts and the

petitioner could not have been mulcted with any liability for the

same.

2. The learned Government Pleader submits that

Ext.P4 is an appealable order and there is no cause of action for

the petitioner to approach this Court bypassing the statutory WP(C) NO. 28633 OF 2023

appellate remedy. The learned Government Pleader also

submits that the Managing Committee members have also been

fastened with liability and the contention of the learned counsel

for the petitioner that liability is fastened on the petitioner alone

is not correct.

3. Having heard the learned counsel for the petitioner

and the learned Government Pleader, I am of the view that the

learned Government Pleader is right in contending that the

petitioner has to challenge Ext.P4 order by availing statutory

remedies under Section 83(1)(e) of the Act. In order to enable

the petitioner to challenge Ext.P4 order by filing a statutory

appeal, it is directed that if the petitioner files an appeal against

Ext.P4 order along with a stay petition before the Government

under Section 83(1)(e) of the Act, within a period of two weeks

from today, any recovery proceedings pursuant to Ext.P4 shall

remain suspended till orders are passed by the Government on

the stay petition to be filed by the petitioner.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK WP(C) NO. 28633 OF 2023

APPENDIX OF WP(C) 28633/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF REPORT SUBMITTED BY THE 2ND RESPONDENT PURSUANT TO ENQUIRY UNDER SECTION 65 OF THE KERALA CO-

OPERATIVE SOCIETIES ACT Exhibit P-2 TRUE COPY OF THE NOTICE OF ENQUIRY NO. CRP 1987/16 DATED 9/12/2019 ISSUED BY THE 1ST RESPONDENT Exhibit P-3 TRUE COPY OF THE ENQUIRY REPORT UNDER SECTION 68 (1) OF THE KERALA CO-

OPERATIVE SOCIETIES ACT Exhibit P-4 TRUE COPY OF THE ORDER NO.

JRGTSR/888/2021-CRP DATED 29.05.2023 ISSUED BY THE 1ST RESPONDENT