IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
SOHINI – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 47315 OF 2025
| Table of Content |
|---|
| 1. availability of alternative statutory remedy. (Para 2) |
| 2. challenge to surcharge under kerala co-operative societies act. (Para 3) |
| 3. court permits appeal with specific timelines. (Para 4) |
J U D G M E N T
This writ petition has been filed challenging Ext.P1 order imposing a surcharge on the petitioner in terms of the provisions contained inSection 68of theKerala Co-operative Societies Act, 1969(hereinafter referred to as 'the 1969 Act').
2. The learned Government Pleader submits that the petitioner has an effective alternative remedy against Ext.P1 under Section 83 (1) (e) of the 1969 Act. It is submitted that no special reason has been shown as to why the writ petition must be entertained at this stage without relegating the petitioner to the alternative remedy under (1) (e) of the 1969 Act
3. The learned counsel appearing for the petitioner submits that the impugned order was received by the petitioner on 08-10-2025 and the limitation for filing an appeal under Section Section 83 (1) (e) of the 1969 Act expired on 08-12-2025. It is submitted that the writ petition was filed in this court on 15-12-2025. It is submitted that the petitioner is thus out of time to file an appeal under (1) (e) of the 1969 Act and the writ petition may therefore be entertained on merits.
4. Having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the opinion that since the petitioner had challenged Ext.P1 order by filing a writ petition on 15-12-2025 and since the petitioner was within time to file an appeal against Ext.P1 order under Section 83 (1) (e) of the 1969 Act till 08-12-2025, this writ petition can be disposed of permitting the petitioner to file a statutory appeal against Ext.P1 order, provided such appeal is filed within a period of 10 days from the date of receipt of a certified copy of this judgment. If the petitioner files appeal against Ext.P1 within the time specified above, the Appellate Authority shall consider the appeal to be one filed in time and shall hear and dispose of the appeal in accordance with the law after affording an opportunity of hearing to the petitioner and all other affected parties as expeditiously as possible at any rate within the period of 4 months from the date of receipt of the appeal.
Writ petition is disposed of as above.
Sd/-
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