Kerala High Court
K.S Suresh vs The Secretary To Government on 10 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:75352
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
WP(C) NO. 28566 OF 2024
PETITIONER:
K.S SURESH
AGED 67 YEARS, S/O.SUBRAMANNION,
KIZHAKKOOTTU HOUSE, KIZHUPILLIKARA P.O,
THRISSUR, PIN - 680702.
BY ADV PRAVEEN K. JOY
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF CO-OPERATION,
STATE OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL)THRISSUR, AYYANTHOLE,
THRISSUR., PIN - 680003.
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL)THRISSUR, PIN - 680003.
4 VENDARAPPADAM IRRIGATION (KOLE KRISHI) CO-
OPERATIVE SOCIETY LTD NO.R.238.
KIZHUPILLIKARA P.O, THRISSUR, REPRESENTED BY
IS SECRETARY/PRESIDENT, PIN - 680702.
BY ADV.SMT.SHEEJA C.S, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C)No.28566 of 2024 2024:KER:75352
:2:
JUDGMENT
Dated this the 10th day of October, 2024
The petitioner is the former Secretary of the Committee of
the Vendarappadam Irrigation (Kole Krishi) Co-operative
Society Ltd No.R.238.
2. Pursuant to the enquiry under Section 65 of the Act,
a report was submitted in which it is found that the Society has
started Group Deposit Scheme (GDS) and Monthly Deposit
Scheme (MDS) without permission of the Department and the
report alleged mismanagement, misappropriation and
fraudulently retaining money. There are certain malpractices
with regard to the purchase of pesticides for the Society.
3. The proceedings under Section 68 was initiated and
the petitioner has submitted reply, contending that there is no
personal liability to the petitioner and that the allegations raised
against the petitioner are false. Ext.P6 order of Surcharge has
W.P.(C)No.28566 of 2024 2024:KER:75352
been issued against the petitioner and comparing with others,
the petitioner has been imposed with huge surcharge, which is
not sustainable.
4. Aggrieved by the illegality of Ext.P6 order, the
petitioner filed an appeal before the 1 st respondent under
Section 83 of the Kerala Co-operative Societies Act, 1969. In
appeal before the Government, the petitioner has taken the
specific contention that there is no laches or malpractice by the
petitioner and the enquiry officer has not heard the petitioner
before submitting report. The appeal filed under Section 83 of
the Kerala Co-operative Societies Act before the 1 st respondent
is still pending. Meanwhile, the respondents are taking steps to
recover the surcharged amounts from the petitioner without
considering the fact that statutory appeal is pending, contends
the petitioner.
5. The petitioner is aggrieved by the recovery
proceedings being taken prior to the disposal of the statutory
appeal filed before the 1st respondent against the order of
W.P.(C)No.28566 of 2024 2024:KER:75352
surcharge issued by the 2nd respondent against the petitioner.
Against an order passed under Section 68(2) of the Kerala Co-
operative Societies Act, 1969, the petitioner has filed Ext.P7
appeal invoking Section 83(1) of the Kerala
Co-operative Societies Act along with the stay petition. The
petitioner has also remitted statutory fees.
6. Ext.P7 being a statutory appeal, it would be only just
and proper that the competent appellate authority considers the
appeal in accordance with law, within a reasonable time.
In the circumstances, the writ petition is disposed of
directing the 1st respondent to consider Ext.P7 appeal and
interim stay petition expeditiously. Orders shall be passed on
Ext.P7 within a period of three months. Coercive proceedings
shall stand deferred till the 1st respondent takes a decision on
the stay petition accompanying Ext.P7.
Sd/-
N. NAGARESH
JUDGE
ams
W.P.(C)No.28566 of 2024 2024:KER:75352
APPENDIX OF WP(C) 28566/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER ISSUED BY THE
2ND RESPONDENT DATED 30.08.2013
Exhibit P2 TRUE COPY OF THE LETTER ISSUED BY THE
2ND RESPONDENT DATED 29.01.2020
Exhibit P3 TRUE COPY OF THE REPORT SUBMITTED BY
THE INQUIRY OFFICER DATED NIL
Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE
2ND RESPONDENT UNDER SECTION 68(2) OF
THE ACT DATED 16.12.2023
Exhibit P5 TRUE COPY OF THE OBJECTION SUBMITTED BY
THE PETITIONER DATED 03.01.2024
Exhibit P6 TRUE COPY ORDER DATED 20.07.2024 WITH
NO. JRGTSR/HM2/78/ 2021, ISSUED BY THE
2ND RESPONDENT
Exhibit P7 TRUE COPY OF THE APPEAL FILED ON
01.08.2024 WITH STAY PETITION
Exhibit P8 TRUE COPY OF THE CHALLAN OF RS.5000/-
DATED 12.08.2024
