IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 34092 of 2010(J) ---------------------------------------- PETITIONER(S): ------------------------ MICHAEL SAMSON, AGED 52 YEARS, S/O.BERNARD JOSEPH, ALAYIDATHU HOUSE, MANASSERI, MUNDAMVELI P.O., KOCHI, WORKER, MATSAFED DISTRICT OFFICE, ERNAKULAM. BY ADVS. SRI.A.X.VARGHESE, SRI.A.V.JOJO. RESPONDENT(S): --------------------------- 1. THE EXECUTIVE COMMITTEE, REP. BY CHAIRMAN, MATSYAFED, KAMALESWARAM, MANAKKADU P.O., THIRUVANANTHAPURAM. 695 009. 2. THE MANAGING DIRECTOR, MATSYAFED, THIRUVANANTHAPURAM. 695 003. 3. V.P.SURENDRAN, DEPUTY GENERAL MANAGER (COMMERCIAL OPERATIONS) INCHARGE, MATSYAFED, THIRUVANANTHAPURAM. 695 003. 4. THE DISTRICT MANAGER, MATSYAFED DISTRICT OFFICE, ERNAKULAM - 682 031. BY ADV. SRI. P.K.VIJAYAMOHAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J ........................................... WP(C).NO.34092 OF 2010 ............................................ DATED THIS THE 16th DAY OF NOVEMBER,2010 JUDGMENT Challenge raised in this writ petition is against Ext.P9 order imposing penalty under the provisions of Rule 198(4) of Kerala Co- operative Societies Rules. It is brought to my notice that Ext.P9 order impugned was issued by the Managing Director on behalf of the Chairman of the Co-operative Society. Going by Rule 198(4), an appeal is maintainable against the order, to the Executive Committee/Board of Management of the Co-operative Society. Therefore, I am of the view that the petitioner can be relegated to the appellate authority. 2. If the petitioner files an appeal against Ext.P9 order before the first respondent, within a period of two weeks from the date of receipt of a copy of this judgment, the first respondent will consider the same as an appeal validly instituted under Rule 198(4) and shall consider and dispose of the same in accordance with law as early as possible, and at any rate, within a period of two months from the date of receipt of such Wpc 34092/2010 2 appeal. 3. If any appeal is filed as directed above, till such time, the appeal is disposed of by the first respondent, further proceedings of recovery pursuant to Ext.P9 shall be kept in abeyance. C.K.ABDUL REHIM, JUDGE lgk