LAWS(KER)-2023-7-67

ASLAM A.M Vs. SECRETARY TO THE GOVERNMENT DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM

Decided On July 03, 2023
Aslam A.M Appellant
V/S
Secretary To The Government Department Of Co-Operation, Government Secretariat, Thiruvananthapuram Respondents

JUDGEMENT

(1.) The petitioner has approached this court challenging Ext.P5 order issued by the 2nd respondent under Sec. 68(2) of the Kerala Co-operative Societies Act, 1969. The petitioner has also been served with recovery notices seeking to recover the amounts payable in terms of Ext.P5 order.

(2.) When this writ petition came up for consideration on 19/6/2023 this court passed the following interim order; 'After hearing the learned counsel for the petitioner and the learned Government Pleader for sometime, I am of the opinion that it is for the petitioner to challenge the impugned order by filing an appeal as contemplated by Sec. 83(1)(e) of the Kerala Cooperative Societies Act, 1969. To enable the petitioner to file such appeal along with an application for stay before the competent authority and to produce it before this Court, this matter will stand adjourned to be listed on 30/6/2023. The Revenue Recovery proceedings initiated against the petitioner shall remain suspended till 30/6/2023."

(3.) The writ petition is thereafter listed today along with I.A. No.1/2023. The petitioner filed Ext.P12 appeal along with Ext.P13 stay petition (produced along with I.A. No.1/2023) before the 1st respondent.