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Judgment
The petitioners, who are served with order of surcharge under Section 68 of the Kerala Co-operative Society Act, have approached this court by
filing two separate Writ Petitions. The essential contention of them was that by a composite order, the appeal filed by them to the Government against
the surcharge proceedings, was dismissed by a non speaking and cryptic order.
When the matters were taken up, the learned counsel for the petitioners submitted that identical Writ Petition filed by other person aggrieved by the
same proceedings came up before this court as W.P.(C)No.25247/2020. This court had held that the order passed by the Government was not
sustainable. It was set aside and the matter was remanded for fresh consideration. This submission was endorsed by Sri.T.R.Harikumar, the learned
standing counsel for the third respondent-Society as well as the learned senior Government Pleader Mr.Bimal K Nath for respondents 1 and 2.
It seems that by a composite order, the appeals were disposed of. Definitely, the finding of this court in W.P.(C)NO.25247/2020 should enure to the
benefit of these Writ Petitions also. Having considered this, I am inclined to allow these Writ Petitions and to set aside Ext.P9 in W.P.
(C)No.28224/2020 and Ext.P6 in W.P.(C)No.28452/2020. The appellate authority shall take up the appeals preferred by the present petitioners and
consider it along with the connected matters and dispose it of, as expeditiously as possible.
Writ Petitions(C) are disposed of.