IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH JANUARY 2010 / 15TH POUSHA 1931 WP(C).No. 35988 of 2009(P) --------------------------------------- PETITIONERS: --------------------- 1. THE KOTHMANGALAM HOUSING CO-OPERATIVE SOCIETY LTD. NO.E 314, KOTHAMANGALAM-686 691, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, KOTHAMANGALAM HOUSING CO-OPERATIVE SOCIETY LTD. NO.E.314, KOTHAMANGALAM-686 691. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, SMT.DHANYA CHANDRAN, MR.T.S.SHYAM PRASANTH, MR.A.HAROON RASHEED. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 3. SRI. SURESH KRISHNAN, PUNCHAKKALAPUTHENPURA HOUSE, PAREEKKANNI, NELLIMATTOM, VIA.KOTHAMANGALAM, ERNAKULAM DISTRICT. R1 & R2 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 35988 of 2009 - P ---------------------------------------- Dated 5th January, 2010 Judgment The first petitioner is a co-operative society represented by its Secretary. The second petitioner is its President. By Ext.P2 letter dated 16.10.2009 the second respondent directed the second petitioner to recover the sum of Rs.1,09,491/- spent by the first petitioner society to meet the expenses of study tours from the persons to whom it was paid. Aggrieved thereby, the first petitioner society filed Ext.P3 appeal before the State Government. In that appeal, the first petitioner also prayed for stay of implementation of Ext.P2 pending disposal of the appeal. By Ext.P4 letter dated 18.11.2009 the Government informed the second petitioner that the request for stay of Ext.P2 is rejected and that the appeal is pending consideration of the Government. In this writ petition, the petitioner challenges Ext.P4 to the extent it declines stay of operation of Ext.P2 pending disposal of Ext.P3 appeal. The petitioners also seek expeditious disposal of Ext.P3 appeal and stay of W.P.(C) No.35988/2009 2 operation of Ext.P2 till such time as orders are passed on Ext.P3 appeal. The petitioners contend that if pending disposal of Ext.P3 appeal, Ext.P2 is implemented, it will result in grave miscarriage of justice. 2. The pleadings disclose that aggrieved by Ext.P2 directing recovery of the money spent for study tours from the persons who went on study tours, the first petitioner society has filed Ext.P3 appeal under section 83 (1) (d) read with section 82 (3) (a) of the Kerala Co-operative Societies Act, 1969 before the State Government. Ext.P4 discloses that Ext.P3 appeal has been received and is pending before the Government. However, the Government declined to stay the operation of Ext.P2 pending disposal of the appeal. Ext.P2 order was passed relying on Ext.P1 Circular. Ext.P1 Circular issued by the Registrar of Co-operative Societies on3.1.1983 sets out the terms and conditions for sending delegates on study tours. There is no finding in Ext.P2 that the said Circular was violated when the first petitioner society sent its delegates on study tours. In such circumstances, I am of the opinion that the appeal filed by the petitioners from Ext.P2 merits serious W.P.(C) No.35988/2009 3 consideration at the hands of the Government. The Government have no case that Ext.P3 appeal is not maintainable. In such circumstances, if pending disposal of Ext.P3 appeal, Ext.P2 order is implemented and the sum of Rs.1,09,491/- is recovered from the delegates of the first petitioner society who had gone on study tours, the appellate remedy will be rendered meaningless and illusory. In the event of the appeal being allowed, the money will also have to be refunded. These contingencies can be avoided if the Government passes orders on Ext.P3 expeditiously. In such circumstances, I dispose of this writ petition with the following directions: (1) The first respondent shall consider Ext.P3 appeal and pass orders thereon after affording the petitioners a reasonable opportunity of being heard expeditiously and in any event within three months from the date on which the petitioners produce or the Secretary to Government, Co-operative Department receives a certified copy of this judgment. Till such time as Ext.P3 appeal is heard and disposed of, further proceedings pursuant to Ext.P2 shall be kept in abeyance. The W.P.(C) No.35988/2009 4 Government shall after orders are passed as directed above, communicate a copy thereof to the petitioners expeditiously. P.N.RAVINDRAN Judge vaa