IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 36124 of 2008(A) -------------------------------------- PETITIONER(S): --------------------- 1. K.M. OUSEPH, MEMBER, KADAPLAMATTOM SERVICE, CO-OPERATIVE BANK LTD., (MEMBERSHIP NO. 1506), RESIDING AT KALLOLYIL HOUSE, KADAPLAMATTOM P.O., KOTTAYAM. 2. SHAJI ANTONY, MEMBER, KADAPLAMATTOM SERVICE, CO-OPERATIVE BANK LTD. (MEMBERSHIP NO.4326) RESIDING AT NADIYANIYIL MARANGATTUPALLI P.O., KADAPLAMATTOM P.O., KOTTAYAM. 3. SIJU DAMODARAN, MEMBER, KADAPLAMATTOM SERVICE CO-OPERATIVE BANK LTD., (MEMBERSHIP NO. 5950) RESIDING AT VATTAMALAYIL, P.O. KOTTAYAM. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM, ASSISTANT EXCISE COMMISSIONER, ERNAKULAM. 2. THE KADAPLAMATTOM SERVICE CO-OPERATIVE BANK LTD., KADAPLAMATTOM P.O., KOTTAYAM DIST, REPRESENTED BY ITS SECRETARY. 3. P.M. THOMAS, MEMBER OF MANAGING COMMITTEE OF KADAPLAMATTOM SERVICE CO-OPERATIVE BANK LTD., RESIDING AT PULLICKEEYIL,KADAPLAMATOM, 4. JOSHY MATHEW, MEMBER OF MANAGING COMMITTEE OF KADAPLAMATTOM SERVICE CO-OPERATIVE BANK LTD., RESIDING AT THENGANCHALI, KADAPLAMATTOM W.P.(C) NO.36124/2008 5. MONIKUTTY JOSE, MEMBER OF MANAGING COMMITTEE OF KADAPLAMATTOM SERVICE CO-OPERATIVE BANK LTD., RESIDING KADIKUTTIYIL, KADAPLAMATTOM. 6. K.A. CHANDRAN, MEMBER OF MANAGING COMMITTEE OF KADAPLAMATTOM SERVICE CO-OPERAIVE BANK LTD., KADAPLAMATTOM. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.36124 OF 2008 ------------------------------------------- Dated this the 9th day of December, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to respondents 2 to 6 dispensed with, preserving their right to move for review of this judgment, if aggrieved. Heard learned counsel for the petitioner and learned Government Pleader for the first respondent. Petitioners are members of the second respondent. They allege that respondents 3 to 6 are in default to the second respondent, however, that they are continuing as members of the committee of the second respondent by taking cover under the Debt Relief Scheme and still further, that they are not entitled to the benefit of that scheme. It is also contended that even if they get the benefit of the scheme, the entire amounts due to the second respondent would not be wiped off. It is further contended that the classification of respondents 3 to 6 as entitled to the benefit of the loan waiver scheme itself is against the WPC.36124/08 Page numbers interest of the second respondent and contrary to laws. These are not matters which the writ court should consider. The first respondent Joint Registrar will, therefore, consider any complaint of the petitioners, after hearing necessary parties, including respondents 2 to 6. Let this be done if the petitioners make appropriate complaint. Any other grounds of complaint, if made by the petitioners, will also be considered. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.