IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 31376 of 2005(I) -------------------------------------- PETITIONER(S): ------------------------- THE KERALA STATE TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LIMITED NO.T-133,THAMPANOOR, S.S. KOVIL ROAD, THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS SECREARY, SMT.L.REMADEVI. BY ADV. SRI.N.UNNIKRISHNAN SMT.A.SAGEENA RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, GOVERNMENT SECRETARIAT, CO-OPERATIVE DEPT., THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, KERALA, THIRUVANANTHAPURAM. 3. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT, THIRUVANANTHAPURAM, REPRESENTED BY THE MANAGING DIRECTOR. 4. SHRI P.VELAPPAN PILLAI, CONDUCTOR (RETD.), KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD AND RESIDING AT "RAMAMANDIRAM", KANNENGARAMOOZHI, ARYANADU, THIRUVANANTHAPURAM. 5. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, NEDUMANGAD. ADV. SRI.T.A.UNNIKRISHNAN FOR R4 SRI.K.SATHEESH KUMAR FOR R4 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R3 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.31376/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPLICATION NO.4113 ISSUED BY THE PRESIDENT OF THE PETITIONER SOCIETY. P2:- COPY OF THE CERTIFICATE OF SALARY LIABILITY AND MEMBERSHIP IN CO- OPERATIVE DT. 25.1.99 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. P3:- COPY OF THE CONSENT LETTER DT. 13.2.99 SUBMITTED BY THE FOURTH RESPONDENT TO THE PETITIONER SOCIETY. P4:- COPY OF THE SURETY BOND DT. 13.2.99 SUBMITTED TO THE PRESIDENT OF THE PETITIONER SOCIETY. P5:- COPY OF THE CONSENT LETTER DT. 13.2.99. P6:- COPY OF THE SALARY CERTIFICATE OF SHRI. SOMAN ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. P7:- COPY OF THE CONSENT LETTER DT. 13.2.99 SUBMITTED SHRI. B.GOPALAKRISHNAN NAIR TO THE PETITIONER. P8:- COPY OF THE SALARY CERTIFICATE DT.25.1.99 OF SHRI.B.GOPALAKRISHNAN NAIR, ISSUED BY THE 5TH RESPONDENT. P9:- COPY OF THE STATEMENT SHOWING THE DEDUCTIONS RECEIVED BY THE PETITIONER TOWARDS LOAN NO.BAL 36983 AAILED BY THE 4TH RESPONDENT ON 13.2.99. P10:- COPY OF THE STATEMENT OF RECOVERY POSITION OF SHRI. P.VELAPPAN PILLAI, 4TH RESPONDENT SUBMTITED BY THE PETITIONER. P11:- COPY OF THE PETITION NO.CP(5) 14902/2004 DT. 5.4.04 FILED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT. P12:- COPY OF THE COUNTER AFFIDAVIT DT. 15.7.04 FILED BY THE PETITIONER SOCIETY BEFORE THE 2ND RESPONDENT. P13:- COPY OF THE PROCEEDINGS NO.CP(5) 14902/04 DT. 30.4.05 PASSED BY THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.31376 of 2005 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT The challenge is on Ext.P13 order passed by the Registrar of Co-operative Societies. Since the petitioner has an effective remedy under Section 83(1)(j) of the Kerala Co-operative Societies Act and since it is open to the petitioner to take all available contentions before the appellate authority, it is not necessary for this court to go into the various contentions taken by the petitioner. In the event of the petitioner filing an appeal within a period of two months from today, the appellate authority shall consider the same with notice to the petitioner and pass appropriate orders in accordance with law within another four months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.31376 of 2005 ----------------------------------- JUDGMENT 22nd October, 2008