IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WA.No. 937 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11225/2009 Dated 03/04/2009 .................... APPELLANTS/ RESPONDENTS IN WPC --------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA. 2. UNIT INSPECTOR, CO-OPERATIVE SOCIETIES, KAVALAM, KUTTANAD, ALAPPUZHA DIST. 3. GOVERNMENT OF KERALA, REP. BY ITS SECRETARY, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY SPL.GOVERNMENT PLEADER, SMT.A.G.ANEETHA RESPONDENTS/ PETITIONERS IN THE WPC ------------------------ 1. K.M.MATHEW, KALATHIL HOUSE, NILAMPEROOR.P.O., ALAPPUZHA DIST. 2. K.HARIDAS, EZHAMPOKKAL, NILAMPEROOR.P.O. ALAPPUZHA DIST. 3. JOJO GOERGE, PATTARKALAM, ERA.P.O., ALAPPUZHA DIST. ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.HARIKRISHNAN RAVINDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ. ------------------------------ W.A.No.937 OF 2009 ------------------------------- Dated this the 23rd day of May, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The respondents in W.P.(C) No.11225/2009, feeling aggrieved by the interim order passed by the learned Single Judge in that case on 3.4.2009, have filed this writ appeal. 2. The brief facts of the case are the following: The respondents herein are the managing committee members of Nilamperoor Service Co-operative Bank. The Joint Registrar of Co-operative Societies by Ext.P6 order dated 13.1.2009 superseded the managing committee of the Society. The respondents herein along with others have challenged that order before the Government by filing Ext.P8 appeal. Pending appeal, they also sought stay of Ext.P6 order. But, the Government dismissed the stay application and therefore, the Joint Registrar of Co-operative Societies, Alappuzha, issued Ext.P12 communication dated 2.4.2009 directing to implement Ext.P6. W.A.No.937/2009 2 Challenging Ext.P12 and also seeking a direction not to implement Ext.P6 till the disposal of Ext.P8 appeal, the writ petition was filed. The learned Single Judge after hearing both sides passed the impugned interim order granting interim stay of Exts.P6 and P12 so as to enable the Board of Directors to continue in office till the disposal of Ext.P8 appeal. 3. The appellants challenged the impugned order on various grounds. But, we notice that it is only an interim order, which will remain in force only till the disposal of Ext.P8 by the Government or the disposal of the writ petition, whichever is earlier. Normally, an appeal is not maintainable against an interim order. The exceptional circumstances under which a writ appeal can be entertained against an interim order are detailed in the Larger Bench decision of this Court in K.S.Das v. State of Kerala [1992 (2) KLT 358]. Going by the principles laid down in the above decision, we find no ground has been made out to entertain this writ appeal. W.A.No.937/2009 3 In the result, the writ appeal fails and it is dismissed. It is made clear that we have not expressed any opinion on the merits of the contentions of the parties in the writ petition. (K.BALAKRISHNAN NAIR, JUDGE) (C.T.RAVIKUMAR, JUDGE) ps