P.E. JOHN Vs. O.S.PAUL

JUDGEMENT

(1.) The petitioners are father and daughter. The 1st petitioner was the President of Vellamunda Service Cooperative Bank. The 1st petitioner, his brother and his daughter, who is the 2nd petitioner, had availed certain loans from the said Bank. According to the petitioners, the liability outstanding in respect of those loan transactions were settled after availing the One Time Settlement (OTS) Scheme. The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P6 order of surcharge dated 06.04.2018 issued by the 1st respondent Joint Registrar, in exercise of his powers under sub-section (2) of Section 68 of the Kerala Co-operative Societies Act.

(2.) Heard the learned counsel for the petitioners and also the learned Senior Government Pleader appearing for respondents 1 and 2.

(3.) The only ground raised in this writ petition is that, since the petitioners have settled the loan liability under the OTS Scheme, recovery proceedings pursuant to Ext.P6 order of surcharge is only to harass them.