IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 17021 of 2010(C)
1. SHERLY D'CRUZ, VALAYIL PUTHEN VEEDU,
... Petitioner
Vs
1. THE MANAGING COMMITTEE OF THE KERALA
... Respondent
2. THE MANAGING DIRECTOR, KERALA STATE
3. THE REGIONAL MANAGER, REGIONAL OFFICE,
For Petitioner :SRI.V.G.ARUN
For Respondent :SRI.M.SASINDRAN, SC, CONSUMERFED
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :02/06/2010
O R D E R
K.SURENDRA MOHAN, J.
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W.P.(C) No.17021 of 2010
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Dated this the 2nd day of June, 2010
JUDGMENT
The petitioner has filed this Writ Petition challenging the action
of the second and third respondents in issuing Ext.P3 proceedings.
As per Ext.P3, the employees of the first respondent named therein
have been made liable for the stock deficit that was detected. It is
also stated therein that criminal proceedings would be initiated
against the said persons, if the amounts demanded were not
remitted. According to the counsel for the petitioner, the impugned
proceedings are absolutely without jurisdiction and the respondents
are not conferred with any power to issue such proceedings.
2. Adv.M.Sasindran takes notice for all the respondents. He
points out that what has been done as per Ext.P3 is only to direct
the persons who were responsible for the deficit stock to make good
the loss that was caused to the Society. It is also pointed out that if
the petitioner has any grievance in the matter, the statutory remedy
under Section 69 of the Co-operative Societies Act, 1969 is available
to her.
3. Since the petitioner has an effective alternative remedy
wpc No.17021/2010 2
under Section 69 of the Co-operative Societies Act, I do not think it
necessary to entertain this Writ Petition. This Writ Petition is
accordingly dismissed, without prejudice to the rights of the petitioner
to challenge the impugned proceedings under Section 69 of the
Kerala Co-operative Societies Act, 1969.
K.SURENDRA MOHAN, Judge
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