TaxTMI 
TaxTMI 
2024 (11) TMI 1638
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....JEENA A.V., M.V.THAMBAN, THARA THAMBAN, THOMAS THOMAS FOR THE RESPONDENT : BY GOVERNMENT PLEADER FOR R1 -R3. SRI.JAISHANKAR V.NAIR FOR ADDL.R5 ORDER AMIT RAWAL, J. 1. On 03.12.2024, this Court had passed the following order: "1. This is a classic case of aggrandizement at the level of the erstwhile committee of the society, who had not only squandered but played with the money of the depositors, deposited with the aim of getting a little more interest than available in the bank, are being deprived of the fruit of their deposits. Out of many depositors, few of them are facing not only the financial hardship but medical difficulties like cancer and other diseases. The appellant herein is also a cancer patient, as evident ....
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....y, learned Senior Government Pleader as per the instructions obtained from the concerned department has apprised us with following information: (i)for the period of 2009 to 2014 and 2014 to 2017 the elected members of the Society had not been discharging the duties diligently, rather were negligent resulted into a substantial loss to the Society which had the business of receiving the deposits by granting 2% extra interest than the bank rate. (ii) The surcharge proceedings initiated under Section 68(2) of the Kerala Co-operative Societies Act resulted into an order dated 08.01.2024 whereby a liability of Rs.24,44,95,724/- (Rupees Twenty four crores forty four lakh ninety five thousand seven hundred and twenty four only) ha....
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....ureau, Kollam in the year 2021 by assigning a new number, No.3 of 2021. The stage of investigation is not forthcoming. Recently, at the instance of one of the depositors another FIR bearing No.1640 of 2023 under Section 120 of the Indian Penal Code in Anchal Police Station, Kollam has been registered against three accused i.e., K.C.Abrahim, Rajalakshmi (in the FIR she has been branded as an Acting Secretary) and former General Secretary Madhavan Pilla. The aforementioned FIR has been also clubbed with the pending Vigilance case number 3 of 2021 also under sections 13(1) and 13(2) of the Prevention of Corruption Act. 6. On perusal of the order passed as extracted above, it is evident that the FIR has been only registered firstly against o....
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....ut less than 4 crores, Deposit 1.5 crores, but less than 3 crores Outstanding loan 1 crore, but below 3 crores 9. The aforementioned resolution has been approved by the department in August, 2024. We have been informed that as per the subsequent notification only six staff members are permissible to be retained in the society but before the degradation there were 12 employees. He further raised the objection qua maintainability of the writ petition in view of the Division Bench Judgment of this Court referred to by the Single Bench as the remedy for recovery of the amount lied on the invocation of provisions of Sections 69 of the Cooperative Societies Act. 10. It was also pointed out that Government had already promu....
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....edings were initiated as the power to entertain the application for recovery of the revenue vests with the District Collector or to be delegated to the Tahsildar. But the District Collector, for the reason best known, referred the matter to the Joint Registrar who has no authority under the Act to take steps for recovery of the amount. We thus call the explanation of the District Collector, Kollam through Mr.T.K.Vipindas, learned Senior Government Pleader to file an affidavit in this regard giving reasons for not entertaining the execution petition in the manner and mode prescribed under the statute. 14. Rajendran Unnithan S. concededly as per the medical records placed on record before the Single Bench, an appellant in the writ appeal, ....