IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32582 of 2009(P)
1. THE PRESIDENT, (V.K. VELUKKUTTY,
... Petitioner
2. THE SECRETARY, (A.D ANTONY,
Vs
1. THE PROJECT OFFICER,
... Respondent
2. THE JOINT REGISTRAR,
3. THE SECRETARY,
For Petitioner :SRI.U.O.JOSE
For Respondent :SRI.K.P.HARISH,SC,KERALA KHADI BOARD
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :13/11/2009
O R D E R
S. Siri Jagan, J.
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W. P (C) No. 32582 of 2009
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Dated this, the 13th November, 2009.
J U D G M E N T
Petitioners are the President and Secretary of the Chengallur
Grama Vyavasaya Sahakarana Sangham Ltd., which is a society
registered under the Kerala Co-operative Societies Act, and
recognised by the Kerala Khadi and Village Industries Board. The
Board has granted a loan to the society, repayment of which is in
arrears. The Board initiated proceedings for recovery of the same.
Ext. P1 notice has been issued to the President of the society with
copies of the notice to the managing committee members also. The
petitioners challenge the same on the ground that the same amounts
to recovery personally from the managing committee members who
are not liable for repayment of the amounts. According to the
petitioners, the society has sufficient assets, which can be proceeded
against for recovery of the amounts.
2. I have heard the standing counsel for the Board as well as
the learned Government Pleader.
3. First of all, I am not satisfied that Ext. P1 amounts to
personal recovery against the members of the managing committee.
Ext. P1 is a notice issued to the President of the Society with copies to
the managing committee members directing payment of the amounts
due. Secondly, the petitioners are the President and Secretary and
not the individuals against whom personal recovery is apprehended.
Even otherwise, the recovery pursuant to a contract between the
parties, which does not involve any violation of the provisions of the
W.P.C. No. 32582/09 -: 2 :-
Kerala Co-operative Societies Act and Rules, the remedy of the
petitioners lie in filing an arbitration case under Section 69 of the
Kerala Co-operative Societies Act before the appropriate authority.
Without prejudice to that right, this writ petition is dismissed.
S. Siri Jagan, Judge.
Tds/