IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 18392 of 2009(T) -------------------------- PETITIONER(S): --------------- R.SIVAKUMAR, AGED 40 YEARS, S/O. VELAYUDHAN, V.R. NIVAS, MANKALA, KANJIRAMKULAM, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SMT.NISHA G.THARAMAL RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM. 3. KANJIRAMKULAM SERVICE CO-OP BANK, KANJIRAMKULAM P.O., THIRUVANANTHAPURAM REP. BY ITS PRESIDENT. 4. K.S. SASIKUMAR, RESIDING AT PRASANT KARICHAL, PULLUVILA, THIRUVANANTHAPURAM (SECRETARY, KANJIRAMKULAM SERVICE CO-OP BANK, KANJIRAMKULAM, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. KC. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.18392 OF 2009 ------------------------ Dated this the Ist day of July, 2009. JUDGMENT Ext.P2 is a resolution passed by the Kanjiramkulam Service Co-operative Bank under Rule 185(8), resolving to grant relaxation in educational qualifications, in favour of the person who has been impleaded as the 4th respondent, for promoting him as Secretary. The approval of the 2nd respondent was sought and by Ext.P3 proceedings, the 2nd respondent directed that as and when the 4th respondent completes 5 years residency in the feeder category, a fresh proposal for exemption could be made. The Bank filed an appeal before the Government which resulted in Ext.P4 order dated 29.52008 granting him exemption as sought for by the Bank but however, effective from the date of the order. WP(c).No18392/09 2 2. Ext.P4 to the extent exemption granted was only prospective was challenged before this court in WP(c). No.22648/08 by the 4th respondent herein and this court by judgment dated 21.5.2009 allowed the writ petition and directed that resolution will be effective from the date of resolution, following the judgment in Dasan V. Registrar of Co-operative Societies. (2007(1)KLT 581). Petitioner submits that the judgment in 2007(1) KLT 581 is inapplicable to the facts of the case and contending so, he filed a Writ Appeal against the aforesaid judgment and that the same is pending. In this writ petition what the petitioner seeks is to challenge Ext.P4 order passed by the Government approving the exemption sought for by the Bank. 3. According to the petitioner, there is absolutely no justification for granting exemption in favour of the 4th respondent and that exemption is a matter of exception and that cannot be granted as a matter of routine. 4. First of all, going by the pleadings in this writ petition, petitioner is only a member of the Bank and therefore is not directly affected by either of the impugned proceedings. Even WP(c).No18392/09 3 otherwise, the challenge against Ext.P4 dated 29.5.2008, at this distance of time is highly belated and for that reason also the writ petition is not liable to be entertained. Irrespective of this, a reading of Ext.P4 shows that the 4th respondent, is 57 years old and is holding additional charge of Secretary from 25.11.1977 onwards and working as Secretary on a regular basis from 12.6.2003. It is also stated that in a similar case exemption has been granted and that the grant of exemption in favour of the 4th respondent will be advantageous to the Bank also. Therefore, the Government have for satisfactory reasons allowed the appeal filed by the Society against Ext.P3 order of the Joint Register. In these circumstances, I do not think that any good ground has been made out by the petitioner for interfering with Ext.P4. Writ Petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WP(c).No18392/09 4