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Judgment
Admit. The Government Pleader takes notice for the respondents. Heard Sri M.Sasindran on behalf of the petitioners and the Government Pleader
on behalf of the respondents.
The petitioners are members of the Committee of the Nadathara Farmers Service Co-operative Bank Ltd No.3499. It is stated that they were
members of the previous committee also. The 2nd respondent issued Ext.P1 order on 31.12.2020 under Section 68(2) of the Kerala Co-operative
Societies Act imposing surcharge on each of the petitioners to the extent of Rs.5,10,474/-. The allegation against the petitioners is that a construction
was carried out violating the stop order issued by the Registrar. The petitioners submit that there is no allegation that any excess expenditure was
made for the construction of the building. Aggrieved by the order of the 2nd respondent, the petitioners have preferred Exhibit P2 statutory appeal and
along with the Exhibit P2 appeal they have also filed Exhibit P3 petition seeking stay of further proceedings pursuant to Exhibit P1. The grievance of
the petitioners is that the appeal and the stay petition are not being disposed of and in the meanwhile proceedings are being initiated to implement
Exhibit P1 order. The writ petition has been filed, praying for a direction to the 1st respondent to consider Exhibit P2 appeal and pass appropriate
orders and to keep the coercive action pursuant to Exhibit P1 in abeyance.
It is seen from the appeal that Exhibit P1 order which is dated 31.12.2020 was received by the petitioners only on 05.03.2021 and the appeal has been
filed on 29.03.2021. Considering the limited prayer made in the writ petition, the writ petition is disposed of directing the 1st respondent to consider and
pass orders on Exhibit P3 application for stay and if possible Ext.P2 appeal at the earliest, at any rate within 6 weeks from the date of receipt of a
copy of this judgment. The further proceedings pursuant to Exhibit P1 will be kept in abeyance till disposal of Exhibit P3 stay petition as directed
above.