Ittianam K.P vs State Of Kerala Represented By ...
2023 Latest Caselaw 7484 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                     THE HONOURABLE MR. JUSTICE GOPINATH P.
               FRIDAY, THE 7TH DAY OF JULY 2023 / 16TH ASHADHA, 1945
                               WP(C) NO. 22204 OF 2023
PETITIONER:

              ITTIANAM K.P, AGED 62 YEARS
              PUTHANPARAMBIL HOUSE VALAKKAVU P.O,
              MULAYAM, THRISSUR., PIN - 680751
              BY ADVS.
              C.A.JOJO
              S.JIJI


RESPONDENTS:

     1        STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT
              CO-OPERATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT,
              THIRUVANANTHAPURAM-, PIN - 695001
     2        JOINT REGISTRAR OF CO OPERATIVE SOCIETIES (GENERAL)
               THRISSUR, AYYANTHOLE P.O, THRISSUR DISTRICT., PIN - 680003
     3        THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
               MUKUNDAPURAM, THRISSUR DISTRICT., PIN - 680773
     4        THE MOOSPET SERVICE CO-OPERATIVE BANK LTD NO.682,
              REPRESENTED BY ITS SECRETARY, EAST FORT P.O,
              THRISSUR DISTRICT, PIN - 680 005



              SMT. RESHMI THOMAS (GP)


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). NO. 22204 OF 2023          2


                                JUDGMENT

Dated this the 7th day of July, 2023.

Petitioner suffered an order of surcharge under the

provisions of Section 68(2) of the Kerala Co-operative Societies

Act, 1969. The petitioner has preferred Ext.P2 appeal and has

also filed Ext.P3 stay petition seeking stay of the order

imposing surcharge. The appeal as well as the stay petition are

pending consideration before the 1st respondent. The

petitioner apprehends that revenue recovery proceedings may

be initiated pending consideration of the stay petition filed in

Ext.P2 appeal before the 1st respondent.

Having heard the learned counsel for the petitioner and

the learned Government Pleader, this writ petition stands

disposed of directing the 1st respondent to consider and pass

orders on Ext.P3 stay petition filed in Ext.P2 appeal after

affording an opportunity of hearing to the petitioner within a

period of two months from the date of receipt of the certified

copy of this judgment. Till such time as orders are passed on

Ext.P3, any proceedings for recovery of amounts due under

Ext.P1 order of surcharge shall remain suspended.

Sd/-

rps/                                   GOPINATH P., JUDGE



                             APPENDIX OF WP(C) 22204/2023

PETITIONER EXHIBITS
Exhibit P1                   A TRUE COPY OF THE RELEVANT PAGES OF ORDER

NO.JRGTSR/CRP/5544/2020 DATED 08-03-2023 ISSUED BY THE 2ND RESPONDENT Exhibit P2 A TRUE COPY OF THE APPEAL PETITION PREFERRED BY THE PETITIONERS DATED 09-04-2023 ALONG WITH CHALLAN AND POSTAL RECEIPT Exhibit P3 A TRUE COPY OF THE STAY PETITION DATED 09-04-2023 Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 27-06-2023 IN WP(C) NO.20972 OF 2023