KUNJAHAMMAD v. STATE OF KERALA

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 WP(C) NO. 14499 OF 2024 PETITIONER: SAJEEV P N AGED 49 YEARS S/O. BALAKRISHNAN NAIR, GEETHA NIVAS, RAYAMANGALAM, THIRUMITTAKKODE, PALAKKAD DISTRICT, PIN – 679535. BY ADVS. P.T.SHEEJISH HARIKIRAN SREERAM P. PARVATHY S. MANOJ A.ABDUL RAHMAN (A-1917) SANDRA TOM AMRITA SAFAL M. RESPONDENTS: 1 2 3 4 5 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN – 695001. DISTRICT COLLECTOR PALAKKAD, DISTRICT COLLECTORATE KUNATHURMEDU, PALAKKAD, PIN – 678013. DEPUTY TAHASILDAR PATTAMBI, PATTAMBI PO, PALAKKAD DISTRICT, PIN - 679303 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL, KENATHUPARAMBU, KUNATHURMEDU, CIVIL STATION COMPLEX PALAKKAD DISTRICT, PIN – 678013. THE RAJEEV GANDHI CO-OPERATIVE RURAL CREDIT SOCIETY LIMITED NO.P.1305, PALAKKAD DISTRICT,REPRESENTED BY ITS SECRETARY, PIN – 679535. SR.GP – SMT.MABLE C.KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

04.06.2024, ALONG WITH WP(C).14465/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..3.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 WP(C) NO. 15242 OF 2024 PETITIONER: INDIRA K AGED 51 YEARS W/O. RAMAKRISHNAN, METTATH VALIYAVETTIL (H), ITTONAM, CHATHANUR PO, THIRUMITTACODE-I, PALAKKAD, PIN – 679535. BY ADVS. P.T.SHEEJISH HARIKIRAN SREERAM P. PARVATHY S. MANOJ AMRITA SAFAL M. SANDRA TOM RESPONDENTS: 1 2 3 4 5 STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN – 695001. DISTRICT COLLECTOR PALAKKAD DISTRICT COLLECTORATE KUNATHURMEDU, PALAKKAD, PIN – 678013. DEPUTY TAHASILDAR PATTAMBI PATTAMBI PO, PALAKKAD DISTRICT, PIN – 679303. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL, KENATHUPARAMBU, KUNATHURMEDU, CIVIL STATION COMPLEX PALAKKAD DISTRICT, PIN – 678013. THE RAJEEV GANDHI CO-OPERATIVE RURAL CREDIT SOCIETY LIMITED NO.P.1305, PALAKKAD DISTRICT REPRESENTED BY SECRETARY, PIN – 679535. SR. GP – SMT.MABLE C KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

04.06.2024, ALONG WITH WP(C).14465/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..4.. IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946 WP(C) NO. 15287 OF 2024 PETITIONER: V MUHAMMED AGED 74 YEARS S/O. ABDUL RAHMAN, VAYAMBATHODI(H),PERINGODE,PERINGANNUR PO,THIRUMITTACODE-I, PALAKKAD, PIN - 679535 BY ADVS. P.T.SHEEJISH HARIKIRAN PARVATHY S. MANOJ A.ABDUL RAHMAN (A-1917) AMRITA SAFAL M. SREERAM P. RESPONDENTS: 1 2 3 4 5 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF COOPERATION, SECRETARIAT, THIRUVANANTHAPURAM DISTRICT, PIN – 695001. DISTRICT COLLECTOR PALAKKAD DISTRICT COLLECTORATE KUNATHURMEDU, PALAKKAD, PIN – 678013. DEPUTY TAHASILDAR PATTAMBI PATTAMBI PO, PALAKKAD DISTRICT, PIN – 679303. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO- OPERATIVE SOCIETIES (GENERAL, KENATHUPARAMBU, KUNATHURMEDU, CIVIL STATION COMPLEX PALAKKAD DISTRICT, PIN – 678013. THE RAJEEV GANDHI CO-OPERATIVE RURAL CREDIT SOCIETY LIMITED NO.P.1305, PALAKKAD DISTRICT, REPRESENTED BY SECRETARY, PIN – 679535. SR.GP – SMT.MABLE C.KURIAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

04.06.2024, ALONG WITH WP(C).14465/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..5.. DEVAN RAMACHANDRAN, J. ========================= W.P.(C)Nos.14465,14499,15242 & 15287 of 2024 ========================== Dated this the 4th day of June, 2024 JUDGMENT Even though the petitioners in these cases say that they have preferred statutory appeals, it is conceded today that the copy of the memorandum of appeal filed in these cases are that of another person, who is the writ petitioner in a connected matter, namely W.P.(C)No.13575 of 2024.

2. Sri.P.T.Sheejish - learned counsel for the petitioners, explained that his clients, though the former Directors of the Society, were not actively involved in its affairs at all, because it were under the responsibility of another director by name Sri.Rajesh, who subsequently committed suicide. He added that the petitioners were unfortunately made to understand that an appeal by the aforementioned Sri.Krishnan K., namely the petitioner in the connected W.P.(C)No.13575 of 2024, would be sufficient; but that they now understand that it is not so. He, therefore, made a limited plea that the petitioners be allowed to file statutory appeals against the orders issued by the Authorities, for which, he sought “breathing time”. He W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..6.. further conceded that his clients have not been able to comply with the directions of this Court in the interim order, but cited extreme financial crisis for such.

3. Smt.Mable C Kurian - learned Senior Government Pleader, in response, submitted that the petitioners could not have approached this Court seeking that the Revenue Recovery action against them be interdicted till orders in the appeal preferred by them had been made available to them because, no such appeals have been concededly filed by them. She asserted that, therefore, they do not deserve any indulgence from this Court; adding that she is not aware if the provisions of the Limitation Act would apply with respect to the filing of appeals by the petitioners. She prayed that, therefore, all such issues be left open, even if this Court is inclined to grant any relief to the petitioners.

4. I have considered and evaluated the afore rival submissions, on the touchstone of the various materials available on record.

5. I must say upfront that the explanation given by the petitioners - in not filing an appeal on their own, but relying upon that filed by a person by name Sri.Krishnan K. – the W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..7.. petitioner in the connected matter W.P.(C)No.13575 of 2024 – cannot find favour in law. However, adverting to their submission that they intend to file appeals now, I do not think that it will be justified for this Court to deny them such opportunity, if such a remedy is available to them in law, subject to all other provisions. In such perspective, I allow these writ petitions, granting liberty to the petitioners to prefer appeals against the orders impugned, however, without entering into the question whether the rigour of limitation and such other provisions would apply. These issues are left open to the competent Authority to decide, as and when the petitioners prefer the appeals. I clarify that I have not entered into the merits of any of the rival contentions either. In order to enable the petitioners to invoke the liberty reserved to them above, I order that all coercive recovery action against them will stand deferred for a period of one month from the date of receipt of a copy of this judgment. Merely by way of reiteration, I clarify that this Court has not declared that the petitioners are entitled to prefer an appeal, but only that they have the liberty to do so, which will W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..8.. be then decided by the competent Authority taking into account all relevant and germane aspects, including the rigour of limitation, if any. Sd/- DEVAN RAMACHANDRAN, JUDGE ACR W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..9.. APPENDIX OF WP(C) 14499/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE REPORT DATED 18.06.2020 SUBMITTED BY THE THRITHALA UNIT INSPECTOR TO ASSISTANT REGISTRAR, PATTAMBI TRUE COPY OF THE ORDER NO. JRGPKD/3773/2021-HM DATED 17.12.2021 PASSED BY THE 4TH RESPONDENT TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 83[1] [J] OF THE KERALA CO- OPERATIVE SOCIETIES ACT FILED BY MR.KRISHNAN BEFORE THE 1ST RESPONDENT DATED 21.01.2022 THE TRUE COPY OF THE JUDGEMENT PASSED BY THIS HON'BLE COURT IN WPC NO 3678/2022 DATED 16/2/2022 TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2024 ISSUED BY THE 3RD RESPONDENT W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..10.. APPENDIX OF WP(C) 15242/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE REPORT DATED 8.06.2020 SUBMITTED BY THE THRITHALA UNIT INSPECTOR TO ASSISTANT REGISTRAR, PATTAMBI TRUE COPY OF THE ORDER NO. JRGPKD/3773/2021-HM DATED 17.12.2021 PASSED BY THE 4TH RESPONDENT TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 83[1] [J] OF THE KERALA CO- OPERATIVE SOCIETIES ACT FILED BY MR.KRISHNAN BEFORE THE 1ST RESPONDENT DATED 21.01.2022 THE TRUE COPY OF THE JUDGEMENT IN WPC 3678/2022 DATED 16/2/2022 TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2024 ISSUED BY THE 3RD RESPONDENT W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..11.. APPENDIX OF WP(C) 15287/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE REPORT DATED 18.06.2020 SUBMITTED BY THE THRITHALA UNIT INSPECTOR TO ASSISTANT REGISTRAR, PATTAMBI TRUE COPY OF THE ORDER NO. JRGPKD/3773/2021-HM DATED 17.12.2021 PASSED BY THE 4TH RESPONDENT TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 83[1] [J] OF THE KERALA CO- OPERATIVE SOCIETIES ACT FILED BY THE MR.KRISHNAN BEFORE THE 1ST RESPONDENT DATED 21.01.2022 THE TRUE COPY OF THE JUDGEMENT IN WPC NO 3678/2022 PASSED BY THIS HON'BLE COURT DATED 16/2/2022 TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2024 ISSUED BY THE 3RD RESPONDENT W.P.(C)Nos.14465, 14499, 15242 & 15287/2024 ..12.. APPENDIX OF WP(C) 14465/2024 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 TRUE COPY OF THE REPORT DATED 18.06.2020 SUBMITTED BY THE THRITHALA UNIT INSPECTOR TO ASSISTANT REGISTRAR, PATTAMBI TRUE COPY OF THE ORDER NO. JRGPKD/3773/2021-HM DATED 17.12.2021 PASSED BY THE 4TH RESPONDENT TRUE COPY OF THE MEMORANDUM OF APPEAL UNDER SECTION 83[1] [J] OF THE KERALA CO- OPERATIVE SOCIETIES ACT FILED BY MR.KRISHANAN BEFORE THE 1ST RESPONDENT DATED 21.01.2022 TRUE COPY OF THE JUDGEMENT IN WPC 3678/2022 DATED 16/2/2022 TRUE COPY OF THE DEMAND NOTICE DATED 28.02.2024 ISSUED BY THE 3RD RESPONDENT