Kerala High Court
Santers Baby vs State Of Kerala on 10 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:75453
W.P.(C) No.33073/2024
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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. 33073 OF 2024
PETITIONER:
SANTERS BABY,
AGED 49 YEARS,
S/O.K.E. BABYKUTTY,
'KOLLAMANVILA',
SANTERS BHAVAN, PERINGALLUR,
AYUR P.O., AYUR,
KOLLAM DISTRICT,
PIN - 691533
BY ADV.UMADEVI P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT,
GOVERNMENT SECRETARIAT,
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN - 695001.
2 APPELLATE AUTHORITY,
KERALA CO-OPRATIVE SOCEITIES ACT,
REPRESENTED BY THE SECTRETARY,
DEPARTMENT OF CO-OPEARATIVE SOCEITIES,
SECRETARIATE,
THIRUVANANTHAPURAM, PIN - 695001
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL),
KOLLAM DISTRICT, PIN - 691013
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W.P.(C) No.33073/2024
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4 THE DISTRICT COLLECTOR,
COLLECTORATE, KOLLAM, PIN - 691013
5 THE DEPUTY TAHSILDAR (REVENUE RECOVERY),
TALUK OFFICE, PUNALUR,
FIRST FLOOR, MINI CIVIL STATION,
KOLLAM - TENKASI RD, PANAMKUTTYMALA, PUNALUR,
KOLLAM - 691305 FIRST FLOOR,
MINI CIVIL STATION,
KOLLAM - TENKASI RD, PANAMKUTTYMALA,
PUNALUR, KOLLAM, PIN - 691305
6 THE VILLAGE OFFICER,
EDAMULACKAL VILLAGE OFFICE,
PALAMUKKU, ANCHAL P.O.,
KOLLAM DISTRICT, PIN - 691306
BY ADV.
SMT.RESMI THOMAS, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 10.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.33073/2024
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JUDGMENT
Dated this the 10th day of October, 2024
The petitioner, who is a member of the former
Managing Committee of Edamulackal Service Co-operative
Bank Limited, is before this Court seeking to direct the 2 nd
respondent to take up and consider Ext.P2 Appeal as
expeditiously as possible. The petitioner also seeks to direct
respondents 4 to 6 to keep in abeyance all further proceedings
pursuant to Ext.P3 notice, pending disposal of the appeal.
2. Pleadings in the writ petition would show that
surcharge proceedings were initiated against the petitioner
invoking Section 68(2) of the Kerala Co-operative Societies
Act, 1969. In the Surcharge proceedings, the petitioner was
found liable to pay an amount of ₹42,85,928/-.
3. The petitioner submits that against Ext.P1, the
petitioner has submitted Ext.P2 Appeal before the competent
Appellate Authority. In the meanwhile, revenue recovery
proceedings have been initiated against the petitioner.
2024:KER:75453
4. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
the respondents.
5. It is evident that Ext.P2 Appeal was filed by
the petitioner in the month of March, 2024. Subsequently,
Ext.P3 revenue recovery notice was issued on the petitioner in
the month of July, 2024. When the statutory appeal preferred
by the petitioner is pending, it would be only appropriate that
the competent Appellate Authority considers the statutory
appeal.
The writ petition is therefore disposed of directing the
2nd respondent to consider Ext.P2 appeal preferred by the
petitioner and take appropriate decision thereon within a period
of three months. Coercive proceedings, if any, pursuant to
Ex.P3 notice shall stand deferred for a period of one month.
Sd/-
N. NAGARESH
JUDGE
SR
2024:KER:75453
APPENDIX OF WP(C) 33073/2024
PETITIONER'S EXHIBITS:
Exhibit P1 THE TRUE COPY OF THE ORDER PASSED UNDER
SECTION 68(2) DATED 08.01.2024
Exhibit P2 THE TRUE COPY OF THE APPEAL MEMORANDUM
BEARING NO. 2517298/2024 FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT
Exhibit P3 THE TRUE COPY OF THE REVENUE RECOVERY
NOTICE DATED 16.08.2024 ISSUED BY THE
5TH RESPONDENT
Exhibit P4 THE TRUE COPY OF THE INTIMATION DATED
30.08.2024 WAS SERVED ON THE
REQUISITION AUTHORITY
Exhibit P5 THE TRUE COPY OF THE REQUEST DATED
31.08.2024 SUBMITTED BEFORE THE
RESPONDENT NO.4.
