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1978 Supreme(Ker) 239

V.P.GOPALAN NAMBIYAR, T.CHANDRASEKHARA MENON
DY. REGISTRAR OF CO-OPERATIVE SOCIETIES, CANNANORE – Appellant
Versus
KUNHIKANNAN – Respondent


Judgment :-

1. The judgment of the learned judge has got to be affirmed, although for different reasons. The writ petition which was allowed by the learned judge was to quash an order of surcharge passed against the writ petitioner, the ex-President of the Birikolam Multipurpose Cooperative Society, a Society governed, at the relevant time, by the Madras Co-operative Societies Act. For having allowed 32 loans to become time-barred certain enquiries were" instituted and proceedings were initiated against the petitioner by notice dated 28-3-1969 under S.49 of the Madras Co-operative Societies Act, 1932. The petitioner submitted his explanation on 2 51969. The Kerala Co-operative Societies Act, 1969 came into force on 15 5 1969. Thereafter by Ext, P1 order dated 2511972 the petitioner was informed that he was solely responsible for allowing the loans to become time-barred; that the loans are benami in some cases, and, in others, the petitioners had appropriated the amounts for his own use by not giving receipt and bringing the amount of the loans into accounts of the Society. The Deputy Registrar recorded his conclusion that the total amount of the time-barred loans was Rs. 2729/-whic













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