The courts maintain that appeals under cooperative society statutes must be afforded a fair hearing before any recovery actions are taken.

JUDGMENT

The petitioner has suffered Ext.P6 order in proceedings under Section 68 of the Kerala Co-operative Societies Act , 1969 (hereinafter referred to as ‘the Act’).

2. When this matter is taken up for consideration today, it is the submission of the learned counsel appearing for the petitioner that the petitioner received Ext.P6 order dated 31-01-2026 only on 28-02-2026, and Ext.P7 appeal has been filed under Section 83 (1)(e) of the Act before the Government along with an application for stay.

3. Heard the learned Government Pleader also.

4. Having heard the learned counsel appearing for the petitioner and the learned Government Pleader, this writ petition will stand disposed of directing that till the stay petition filed by the petitioner along with Ext.P7 appeal is taken up and considered by the additional 5^th respondent, further recovery proceedings pursuant to Ext.P6 order shall be kept in abeyance. I make it clear that I have not expressed any opinion on the merits of the matter. It is also clarified that orders on the stay petition shall be passed after affording the petitioner an opportunity of hearing. Further, it is made clear that the petitioner shall pay the necessary fee for maintaining the appeal before the Government.

The writ petition is disposed of as above.