Writ petition not maintainable if statutory appeal pending; direct consideration with hearing.

JUDGMENT

Petitioners have approached this Court after preferring Ext.P2 appeal against the surcharge proceedings initiated against them under Section 68 (1) of the Kerala Co- Operative Societies Act (in short, “KCS Act”). They are, respectively, President and the Managing Committee members of a Co-operative bank.

2. According to the petitioners, they were not provided a copy of the report of the inquiry conducted under Section 68 of the ‘KCS Act’. They submit that, thereby, they are disabled from defending themselves.

3. Heard the learned counsel for the petitioner and the learned Government Pleader.

4. Since the petitioners have already approached the 1st respondent by filing Ext.P2 statutory appeal, I am of the view that this writ petition need not be considered on merits.

Therefore, I dispose of the writ petition by issuing a direction to the 1^st respondent to consider Ext.P2 appeal in accordance with law after providing an opportunity of hearing to the petitioners or their authorised representatives within a period of three months from today. Till it’s disposed of, no coercive steps shall be taken against the writ petitions.