Kerala High Court
Anilkumar T.G vs State Of Kerala on 27 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
WP(C) NO. 20972 OF 2023
PETITIONERS:
1 ANILKUMAR T.G.,AGED 55 YEARS,S/O.GANGADHARAN T.V, THRIPPAKKAL
HOUSE, NADATHARA P.O, THRISSUR DISTRICT, PIN -
680751
2 BINDU JOSEPH,AGED 49 YEARS,W/O.ROBIN, KALLERY HOUSE,
ANCHANGADI, EAST FORT, THRISSUR DISTRICT, PIN - 680005
3 K.D.JOSHY,AGED 50 YEARS,S/O.DEVASSY, KOONAMPLAVU HOUSE,
PALLAN COLONY, ANCHERY, KURIACHIRA P.O, THRISSUR DISTRICT,
PIN - 680006
4 C.S.ROY.,AGED 52 YEARS,S/O.SUNNY, CHELIAKKARA HOUSE, AISWARYA
NAGAR, NELLIKUNNU P.O, THRISSUR DISTRICT, PIN - 680005
BY ADVS.ARJUN RAGHAVAN
T.R.HARIKUMAR
POOJA PANKAJ
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO
GOVERNMENT, CO-OPERATION (C) DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE 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 - 680005
OTHER PRESENT:
SMT. RESHMI THOMAS (GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.20972/2023 2
JUDGMENT
The petitioners were members of the managing committee of the
4th respondent Society. Ext.P1 surcharge order under Section 68 (2) of
the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as
'the Act for short) was issued providing for recovery of certain amounts
from the petitioners. The petitioners filed an appeal before the 1 st
respondent under Section 83 (1) (e) of the Act along with an application
for stay. Exhibit P2 is the appeal filed by the petitioners and Ext.P3 is the
stay petition filed in Ext.P2 appeal.
2. The learned counsel for the petitioners submits that pending
consideration of the stay petition revenue recovery proceedings have
been initiated to recover the amounts found due from the petitioners in
terms of the order under Section 68 of the Act. He prays that a direction
may be issued to the 1st respondent to consider Ext.P3 stay petition with
notice to the petitioners after affording an opportunity of hearing to the
petitioners and that till such time revenue recovery proceedings may be
directed to be kept in abeyance.
3. Heard the learned Government Pleader also.
Having regard to the facts recorded above, this writ petition will
stand disposed of directing the 1 st respondent to consider Ext.P3 stay
petition filed in Ext.P2 appeal with notice to the petitioners and the 4 th
respondent and after affording an opportunity of hearing, within a
period of two months from the date of receipt of a certified copy of this
judgment. Till such time as orders are passed, recovery proceedings shall
remain suspended.
sd/-
GOPINATH P.
JUDGE
acd
APPENDIX OF WP(C) 20972/2023
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 30-04-
2023 ALONG WITH CHALLAN AND POSTAL
ACKNOWLEDGMENT CARD
Exhibit P3 A TRUE COPY OF THE STAY PETITION DATED 30-
04-2023
Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 15-06-
2023 IN WP(C) NO.19527 OF 2023 OF THIS
HON'BLE COURT
