IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 1042 of 2010(E) ------------------------------------ PETITIONER: ------------------- M.M.ABDUAL LATHEEF, AGED 52 YEARS, S/O.MOHAMMED, MAMMASRAYILLATH HOUSE, KOKKALA, THRISSUR. BY ADV. MR.M.R.DHANIL. RESPONDENTS: ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 2. TRICHUR URBAN CO-OPERATIVE BANK LTD. NO.87, MISSION QUARTERS, THRISSUR, REPRESENTED BY ITS GENERAL MANAGER. 3. BOARD OF DIRECTORS, TRICHUR URBAN CO-OPERATIVE BANK LTD.NO.87, MISSION QUARTERS, THRISSUR, REPRESENTED BY ITS CHAIRMAN. 4. JOHN PAUL MANNUKKADAN, KANNUKKADAN HOUSE, 52/9 PANCHIKKAL, AYYANTHOLE.P.O, THRISSUR DISTRICT. (DIRECTOR THRISSUR URBAN CO-OPERATIVE BANK). R1 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. R2 & R3 BY MR. C.D. DILEEP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 1042 OF 2010 -------------------------- Dated this the 12th day of January, 2010 J U D G M E N T By Ext.P1 notification published in the Malayala Manorama daily dated 21.10.2009, the second respondent bank invited applications from eligible candidates for appointment as Gold Appraiser and Peon. The fourth respondent, a member of the managing committee of the second respondent bank, was authorised to conduct the selection process pursuant to Ext.P2 resolution adopted by the managing committee of the bank. Contending that the said decision violates circular No.18 of 1991 and other circulars issued by the Registrar of Co-operative Societies, the petitioner, a member of the managing committee of the second respondent bank, has filed Ext.P3 petition before the Joint Registrar of Co-operative Societies (General) Thrissur seeking his interference in the matter. The petitioner contends that the resolution adopted by the managing committee of the second respondent bank on 12.11.2009 authorising the fourth respondent, yet another member of the managing committee to conduct the written test for selection of candidates pursuant to Ext.P1 W.P.(C) No. 1042/2010 2 notification, is illegal. In this writ petition the petitioner seeks a direction to the first respondent to consider the request made by him in Ext.P3 and to take a decision thereon within a time limit to be fixed by this Court. 2. Sri. K.C.Santhosh Kumar, the learned senior Government Pleader appearing for the first respondent submits that as the complaint voiced by the petitioner is that circulars issued by the Registrar of companies have been violated when the managing committee of the second respondent bank passed a resolution on 12.11.2009 authorising the fourth respondent to conduct the written test, the Joint Registrar will consider the request made by the petitioner in Ext.P3 and take a decision thereon expeditiously. In the light of the said submission, I dispose of this writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P3 petition in exercise of the power conferred on him under Rule 176 of the Kerala Co-operative Societies Rules and take a decision thereon expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the first respondent. The first W.P.(C) No. 1042/2010 3 respondent shall before passing orders on Ext.P3, afford the petitioner and the second respondent bank a reasonable opportunity of being heard. Till such time orders are passed on Ext.P3, selection and appointment pursuant to Ext.P1 notification for filling up the vacant posts of Gold Appraiser and Peon shall be kept in abeyance. P.N.RAVINDRAN, JUDGE vps