High CourtsSingle Bench(2023) 07 KL CK 0013

Aslam A.M vs Secretary To The Government Department Of Co-Operation, Government Secretariat, Thiruvananthapuram, Pin 695001

High Court Of Kerala · Decided on 3 July 2023

HON’BLE JUDGES
Gopinath P., J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 20001 Of 2023

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Judgment

7 paragraphs · 290 words

Gopinath P., J

1.

The petitioner has approached this court challenging Ext.P5 order issued by the 2nd respondent under Section 68(2) of the Kerala Co-operative Societies Act, 1969. The petitioner has also been served with recovery notices seeking to recover the amounts payable in terms of Ext.P5 order.

2.

When this writ petition came up for consideration on 19-06-2023 this court passed the following interim order;

“After hearing the learned counsel for the petitioner and the learned Government Pleader for sometime, I am of the opinion that it is for the petitioner to challenge the impugned order by filing an appeal as contemplated by Section 83(1)(e) of the Kerala Cooperative Societies Act, 1969. To enable the petitioner to file such appeal along with an application for stay before the competent authority and to produce it before this Court, this matter will stand adjourned to be listed on 30.06.2023.

The Revenue Recovery proceedings initiated against the petitioner shall remain suspended till 30.06.2023.”

3.

The writ petition is thereafter listed today along with I.A. No.1/2023. The petitioner filed Ext.P12 appeal along with Ext.P13 stay petition (produced along with I.A. No.1/2023) before the 1st respondent.

4.

Having heard the learned counsel appearing for the petitioner and the learned Senior Government Pleader appearing for respondents, this writ petition will stand disposed of directing the 1st respondent to consider and pass orders on Ext.P13 stay petition filed in Ext.P12 appeal after affording an opportunity of hearing to the petitioner and respondents 5 and 6 within a period of 2 months from the date of receipt of a certified copy of this judgment. Till such time as orders are passed on Ext.P13, further proceedings for recovery of amounts due under Ext.P5 shall be kept in abeyance.