Kerala High Court
T. S. Kurian vs State Of Kerala on 6 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 1310 OF 2024
PETITIONERS:
MANI PAMPANAL ALIAS JANARDHANAN PAMPANAL
AGED 54 YEARS
SON OF RAJAPPAN, PAMPANAL VEEDU, SASIMALA P.O., WAYANAD
DISTRICT, PIN - 673579
BY ADV S.M.PRASANTH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
CO-OPERATION, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
WAYANAD, KALPETTA, WAYANAD DISTRICT, PIN - 673121
4 THE PULPALLY SERVICE CO-OPERATIVE BANK LIMITED NO. 10153
REPRESENTED BY ITS SECRETARY, PULPALLY P.O., WAYANAD
DISTRICT, PIN - 673579
5 THE DEPUTY TAHSILDAR
SULTHAN BATHERY TALUK, WAYANAD DISTRICT., PIN - 673592
6 THE VILLAGE OFFICER
PADICHIRA VILLAGE OFFICE, PADICHIRA, WAYANAD DISTRICT, PIN
- 673579
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, ALONG WITH WP(C).1404/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NOs. 1310 & 1404 OF 2024 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 1310 OF 2024
PETITIONERS:
MANI PAMPANAL ALIAS JANARDHANAN PAMPANAL
AGED 54 YEARS
SON OF RAJAPPAN, PAMPANAL VEEDU, SASIMALA P.O., WAYANAD
DISTRICT, PIN - 673579
BY ADV S.M.PRASANTH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF
CO-OPERATION, GOVERNMENT OF KERALA, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, JAWAHAR
SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
THIRUVANANTHAPURAM, PIN - 695014
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
WAYANAD, KALPETTA, WAYANAD DISTRICT, PIN - 673121
4 THE PULPALLY SERVICE CO-OPERATIVE BANK LIMITED NO. 10153
REPRESENTED BY ITS SECRETARY, PULPALLY P.O., WAYANAD
DISTRICT, PIN - 673579
5 THE DEPUTY TAHSILDAR
SULTHAN BATHERY TALUK, WAYANAD DISTRICT., PIN - 673592
6 THE VILLAGE OFFICER
PADICHIRA VILLAGE OFFICE, PADICHIRA, WAYANAD DISTRICT, PIN
- 673579
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, ALONG WITH WP(C).1404/2024, THE COURT ON THE SAME DAY
WP(C) NOs. 1310 & 1404 OF 2024 3
DELIVERED THE FOLLOWING:
JUDGMENT
Challenging an order passed under Section 68(2) of the
Cooperative Societies Act, the petitioners are stated to have preferred
separate appeals invoking Section 83(i)(j) of the Act. It is stated that
an application for stay was also filed. While so, they have been
served with recovery notices for recovering the amounts due. This
has led the petitioners to approach this Court seeking directions to
the respondents from proceeding with the recovery proceedings until
a decision is taken by the 1st respondent in the appeal.
2. When the matter is taken up for consideration, it is
submitted by the learned government pleader that the application for
stay filed by the petitioners, along with the appeal, has been
rejected. It is further submitted that the appeal is posted for final
hearing on 20.02.2024.
3. Having considered the facts and circumstances and the
submissions made across the bar, recovery proceedings initiated
WP(C) NOs. 1310 & 1404 OF 2024 4
against the petitioners shall be kept in abeyance till a decision on
Ext.P3 appeal preferred by the petitioners and pending before the 1st
respondent.
These writ petitions are disposed of.
sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
DCS
WP(C) NOs. 1310 & 1404 OF 2024 5
APPENDIX OF WP(C) 1310/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DEMAND NOTICE NO. 2023/4630/12
ISSUED TO THE PETITIONER BY R5
Exhibit P1(a) TRUE COPY OF DEMAND NOTICE UNDER FORM NO. 1 RRC
NO. 2023/4630/12 DATED 16.12.2023 ISSUED BY R5
TO THE PETITIONER
Exhibit P2 TRUE COPY OF ORDER NO. JRGWYD/3106/2020-CRP
DATED 27..08..2022 ISSUED BY THE 3RD RESPONDENT
ALONG WITH THE RELEVANT PAGES IN RESPECT OF THE
PETITIONER
Exhibit P3 TRUE COPY OF APPEAL NO. 6624799 OF 2022
SUBMITTED BY THE PETITIONER AND ANOTHER BEFORE
THE SECRETARY TO GOVERNMENT (R1) ON 28.10.2022
ALONG WITH A PETITION FOR STAY
Exhibit P4 TRUE COPY OF REPRESENTATION DATED 31.10.2022
SUBMITTED BY THE PETITIONER AND ANOTHER
WP(C) NOs. 1310 & 1404 OF 2024 6
APPENDIX OF WP(C) 1404/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DEMAND NOTICE RRC NO. 2023/4627/12
DATED 21.12.2023 UNDER FORM NO. 10 ISSUED TO
THE PETITIONER BY R5
Exhibit P1(a) TRUE COPY OF DEMAND NOTICE RRC NO. 2023/4627/12
DATED 21.12.2023 UNDER FORM NO. 1 ISSUED TO THE
PETITIONER BY R5
Exhibit P2 TRUE COPY OF ORDER NO. JRGWYD/3106/2020-CRP
DATED 27.08.2022 ISSUED BY R3
Exhibit P3 TRUE COPY OF APPEAL NO. 6624799 OF 2022
SUBMITTED BY THE PETITIONER ALONG WITH ANOTHER
PERSON BEFORE THE SECRETARY TO GOVERNMENT (R1)
Exhibit P4 TRUE COPY OF REPRESENTATION DATED 31.10.2022
SUBMITTED BY THE PETITIONER AND ANOTHER BEFORE
R3
