IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 3669 of 2002(J) ---------------------- PETITIONER: ------------ N.VIDYADHARAN, VIDYABHAVAN, PAVUMBA NORTH, KARUNAGAPPALLY,PRESIDENT, KARUNAGAPPALLY TALUK KALLUCHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM NO.1328, KARUNAGAPPALLY. BY ADV. SRI.A.N.RAJAN BABU RESPONDENTS: ------------- 1. DISTRICT COLLECTOR, KOLLAM. 2. THE WELFARE FUND INSPECTOR, TODDY WORKERS WELFARE FUND, KOLLAM. 3. DEPUTY TAHASILDAR, REVENUE RECOVERY PROCEEDINGS, KARUNAGAPPALLY. R2 BY ADV. SRI.K.K.BABU R1 AND R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 6569 OF 2002 IN OP 3669 OF 2002 DISMISSED 2.1.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE BYELAW OF KARUNAGAPPALLY TALUK KALLUCHETHU THOZHILALI SAHAKARANA SANGHAM EXT.P2 TRUE COPY OF NOTICE NO. Q/E3/KPCY/1-6/01-02 DATED 12.12.02 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 3669 OF 2002 -------------------------------------------- Dated this the 2nd day of January, 2008 JUDGMENT The issue raised that personal liability of office-bearers of co- operative society for recovery of arrears of toddy workers welfare fund dues is covered by the decision of this Court in SUSEELAN V. STATE OF KERALA, (2002) 1 K.L.T. 226. Respondents are therefore directed not to proceed for recovery against petitioner and his assets personally. However, if society has assets, recovery can be made from the assets of the society. Similarly, respondents are free to proceed with prosecution of any office-bearer or any person responsible for violation of the statute in accordance with the Act. O.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge 2