IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WP(C).No. 1347 of 2006(I) ------------------------------------ PETITIONER: ------------------- SOORAJ LAL, AGED 49 YEARS, S/O. VIJAYA DEV, LAL BHAVANAM, KADAVOOR CHERRY, THRIKKADAVOOR VILLAGE, PERINAD P.O., KOLLAM. BY ADV. SRI.S.GIRISH. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. OF KERALA. 2. THE SECRETARY, REVENUE, GOVT. OF KERALA. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE REVENUE RECOVERY TAHSILDAR, KOLLAM. 5. THE VILLAGE OFFICER, THRIKKADAVOOR. 6. THE ENGINEERING AND SKILLED WORKERS LABOUR CONTRACTORS CO-OPERATIVE SOCIETY Q.418, REP. BY ITS PRESIDENT SRI.VIPINAN, RESIDING AT PONNAMMA AMMA FLAT, KOCHUPILAMOODU,PALLITHOTTAM, KOLLAM. 7. SREENIVASAN, SECRETARY OF ENGINEERING AND SKILLED WORKERS LABOUR CONTRACTORS CO-OPERATIVE SOCIETY Q. NO.418, RESIDING AT SREEJA BHAVANAM,MUNDAKKAL WEST PALLY, PULLUVAN PURAYIDOM. 8. ANANDAN PILLAI .A., MEMBER, ENGINEERING AND SKILLED WORKERS LABOUR CONTRACTORS CO-OPERATIVE SOCIETY Q.418,RESIDING AT AUTO WAYS H.N.C. COMPOUND, MUNDAKKAL WEST,KOLLAM. BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR - R1 TO R5. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1347/2006-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DISCHARGE SUMMARY/MEDICAL CERTIFICATE DTD. 12/03/2005. EXT.P.2: COPY OF THE DISCHARGE SUMMARY/MEDICAL CERTIFICATE DTD. 15/08/2005. EXT.P.3: COPY OF THE AGREEMENT DTD.19/05/2005 EXECUTED BETWEEN THE PETITIONER AND SRI. POULOSE NICHOLAS. EXT.P.4: COPY OF THE REVENUE RECOVERY NOTICE ISSUED BY THE REVENUE RECOVERY TAHSILDAR, KOLLAM DT. 10/06/2005. EXT.P.5: COPY OF THE REPRESENTATION GIVEN BY THE DISTRICT COLLECTOR, KOLLAM DT. 13/07/2005. EXT.P.6: COPY OF THE ORDER NO. PR/15132/MKU/2005 DTD.1 5/07/2005 ISSUED BY THE GOVERNMENT OF KERALA. EXT.P.7: COPY OF THE BILL DTD. 31/03/2005 ISSUED BY SREE UTHRADAM THIRUNAL HOSPITAL. EXT.P.8: COPY OF THE BILL DTD. 16/08/2005 ISSUED BY SREE UTHRADAM THIRUNAL HOSPITAL. EXT.P.9: COPY OF THE CERTIFICATE DTD. 12/07/2005 ISSUED BY DR. P.N. JAYA SINGH B.A.M., M.D. (AY.) SENIOR MEDICAL OFFICER, DISTRICT AYURVEDA HOSPITAL, KOLLAM. EXT.P.10: COPY OF THE CERTIFICATE DTD. 27/05/2005 ISSUED BY DR. P.N. JAYA SINGH B.A.M., M.D. (AY.) SENIOR MEDICAL OFFICER, DISTRICT AYURVEDA HOSPITAL, KOLLAM. RESPONDENTS' EXHIBIT: EXT.R1: COPY OF THE RECEIPT DTD. 01/02/06 NO. 0788585, D4-3871/04 ISSUED BY THE R.5. THE VILLAGE OFFICER, THRIKKADAVOOR. //TRUE COPY// prv. ANTONY DOMINIC,J. ---------------------------------- W.P.(C) No.1347 OF 2006 ---------------------------------- Dated this the 12th day of June, 2007 J U D G M E N T Petitioner submits that he was a member of the Board of Directors of the 6th respondent, a Society registered under the Co-operative Societies Act. He was issued Ext.P4, a notice under Section 36 of the Revenue Recovery Act, for recovering from him amount due from the Society towards harbour dues. 2. The contentions raised in this writ petition against the demand made are two fold. One is that, if at all there is liability, it is that of the Society and that the individual member of the Board of Directors cannot be made liable. Petitioner is also referring to the judgment of the Division Bench of this Court in Suseelan v.State of Kerala [2002(1) KLT 226], contents that an office bearer of a Co-operative Society cannot be made liable for any civil liability of the Society. The alternate plea that is raised is that even if proceedings could not be initiated against the office bearer, the petitioner's liability has to be confined only to 1/5th of the amount that is due. Petitioner submits that this W.P.(C) No.1347/2006 2 amount has been paid by him and therefore, the attachment that has been effected following Ext.P4, he is liable to be vacated. 3. Though the petitioner disputes the very liability, what is more seriously contended before me that he has satisfied his portion of the liability, he is liable to be exonerated from further consequences of Ext.P4. A report has been filed by the 4th respondent, which indicates that if the liability is divided into five, the amount due from the petitioner would be Rs.20,962/- and interest. It is also seen from the report that in discharge of his individual share of the liability, the petitioner has already paid Rs.21,000/-. Now the respondents have stated that if the liability is divided, the amount due from the petitioner is Rs.20,962/- with interest thereon and as the petitioner has already paid Rs.21,000/-. I feel this arrangement should be accepted, and for the balance amount, if any, the respondents should pursue their remedy against others or against the Society excluding the petitioner. 4. Therefore, the writ petition is disposed of, directing W.P.(C) No.1347/2006 3 that it will be open to the petitioner to approach the 4th respondent with a copy of this judgment and thereupon the 4th respondent will examine the payment made by the petitioner and whether with the payment along made his individual liability is discharged. If it is not discharged fully, the petitioner will make short payment and thereupon the 4th respondent shall take steps for lifting the attachment effected over the petitioner's property in pursuance to Ext.P4. For the balance amount due, it will be open to the respondents to continue proceedings excluding the petitioner. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) ps