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2022 Supreme(Ker) 67

P.B.SURESH KUMAR, C.S.SUDHA
Joint Registrar (General) of Co-Operative Societies – Appellant
Versus
Charley Panthallookaran S/o Kunju Vareeth – Respondent


Advocates:
Advocate Appeared:
For the Appellant : T.K. Vipindas.
For the Respondent: Nisha George.

JUDGMENT :

P.B. SURESH KUMAR, J.

1. This writ appeal is directed against the judgment dated 27.01.2020 in W.P. (C) No. 21646 of 2019. The appellants were respondents 1 and 2 in the writ petition. Parties and documents are referred to in this judgment for convenience, as they appear in the writ petition.

2. The petitioner is a member of the third respondent, a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 (the Act). He was also the President of the Society for some time. The petitioner and others were surcharged by the first respondent, the Joint Registrar of Co-operative societies, under Section 68(2) of the Act in terms of Ext.P1 order, on the ground that they have caused loss to the Society to the tune of Rs. 3,15,269/- by taking out a building on lease unnecessarily and without the permission of the competent authority under the Act. Earlier, based on an inquiry report of the Vigilance Officer appointed under Section 68A, an inquiry has been ordered by the Joint Registrar under Section 68(1) through the second respondent, the concerned Assistant Registrar of Co-operative Societies, and it is based on the report in the said inquiry that Ext.P1 ord

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