Court directs time-bound disposal of co-operative surcharge appeal with hearing and stays coercive recovery pending decision.

JUDGMENT

Petitioners suffered Exhibit P2 order of surcharge in proceedings under Section 68 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the Act’). The petitioners have preferred Exhibit P3 appeal before the 1^st respondent under Section 83 (1)(e) of the Act . The petitioners are before this Court seeking a direction to the 1^st respondent to consider and pass orders on Exhibit P3 appeal, within a time frame to be fixed by this Court.

2. Heard the learned Government Pleader also.

3. Having heard Sri. N. Raghuraj, the learned Senior counsel appearing for the petitioners, on the instructions of Adv. Vivek Menon, and the learned Government Pleader appearing for the official respondents and also considering the limited nature of relief sought for by the petitioners, the writ petition will stand disposed of, directing the 1^st respondent to consider and pass orders on Exhibit P3 (if the appeal is received and it is in order), after affording to the petitioners and any other affected parties an opportunity of being heard , within a period of three months from the date of receipt of a certified copy of this judgment. Any coercive proceedings pursuant to Exhibit P2 shall be kept in abeyance till a decision is taken on Exhibit P3 appeal by the 1^st respondent.