IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 7TH JULY 2008 / 16TH ASHADHA 1930 WP(C).No. 20229 of 2008(G) ---------------------------------------- PETITIONERS: ------------------------ 1. K.K.NARAYANAN NAIR, DIRECTOR, KUMARAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.4122, KUMARAMANGALAM, THODUPUZHA, IDUKKI. 2. P.K.KARUNAKARAN, PARACHAL HOUSE, KUMARAMANGALAM P.O., THODUPUZHA, IDUKKI. BY ADV. SRI.P.N.MOHANAN RESPONDENT: ----------------------- JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), IDUKKI. BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.20229 of 2008-G = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 7th day of July, 2008. JUDGMENT Petitioners challenge a notice issued for proceedings for surcharge under the Kerala Co- operative Societies Act, 1969. The real apprehension is that such proceedings may ultimately be abused to lead to unauthorized action to disqualify the petitioners and thereby, obviously, affect their right to hold office in a committee of the society in question. Even if I treat the apprehension to be well-founded, that by itself is no ground to stay the proceedings for imposition of surcharge or to hold back such proceedings. This is primarily because, the petitioners have the right to file objections and state as to why they are not liable to be surcharged. The grounds, on which surcharge proceedings are initiated, are pointed out to be WP(C)20229/08 -: 2 :- totally unacceptable and not worth as a surcharge proceedings. This again is a matter which the petitioners can urge before the statutory authorities. For the foregoing reasons, after hearing the learned counsel for the petitioners and the learned Senior Government Pleader, this writ petition is ordered directing that while surcharge proceedings could be completed in accordance with law, after hearing the petitioners in relation to that, no proceedings for disqualification shall be taken or finalized merely on the ground of the pending proceedings without any further notice, if called for, in that regard. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/070708