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1971 Supreme(Ker) 94

M.U.ISAAC
Narayani Amma Karthiyayani Amma – Appellant
Versus
State of Kerala – Respondent


Advocates:
K.N. Narayanan Nayar and N. Sudhakaran, for Petitioners; G. Janardhana Kurup and Govt. Pleader, for Respondents.

ORDER:-

The first petitioner is the mother of the second petitioner. The third respondent, the Multi-purpose Co-operative Society Ltd. No.1240, Kulasekharapuram, obtained an award against the first petitioner for a sum of Rs.826, and against the 2nd petitioner for a sum of Rs.698. The second respondent, the Sales Officer, District Co-operative Bank. Quilon issued a notice of demand Ext.P-1 to the first petitioner and a notice of demand Ext.P-2 to the second petitioner calling upon them to pay the respective amounts due from each of them. This was followed by attachment of certain moveables belonging to the first petitioner, and certain immovable properties belonging to the petitioners. Exts.P-3 and P-4, both dated 28-6-1969, are the attachment schedules. Both these attachments were made for recovery of the aggregate amounts due under the aforesaid two awards. The above action was taken by the second respondent under Section 76 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as the Act). The petitioner contends that this section is unconstitutional, as it is violative of Article 14 of the Constitution and that the attachments as per Exts.P-3 and P-4 are also















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