IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31732 of 2008(C) -------------------------- PETITIONER(S): --------------- 1. KALA K.R., AGED 37, W/O.RETNAKARAN, (D/O.R.GOPI), KOTTAKKAKATHU HOUSE, EDATHITTA P.O., PATHANAMTHITTA. 2. SANTHOSH.K., S/O.KOMALAN, MOOZHIKKAL HOUSE, CHANDANAPPALLY P.O. PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL), ADOOR, PATHANAMTHITTA. 3. CHANDANAPPALLY SERVICE CO-OPERATIVE BANK LTD.NO.2970, CHANDANAPPALLY P.O. PATHANAMTHITTA. REPRESENTED BY ITS SECRETARY. 4. BABU G.KOSHY, PRESIDENT, CHANDANAPPALLY SERVICE CO-OPERATIVE BANK LTD.NO.2970, CHANDANAPPALLY P.O., PATHANAMTHITTA. 5. SREEJITH, SANAL KUMAR SADANAM, ANGADICKAL SOUTH P.O., PATHANAMTHITTA. 6. PRADEEP, AMBATU HOUSE, ANGADICKAL NORTH P.O PATHANAMTHITTA. 7. HARIKUMAR, OTTAPLAVILAYIL HOUSE, ANGADICKAL NORTH P.O., PATHANAMTHITTA DISTRICT. WPC.31732/08 2 8. SARASWATHI, VELAMPARAMBIL VADAKKETHIL HOUSE, EDATHITTA P.O., PATHANAMTHITTA DISTRICT. R1,R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31732 OF 2008 ------------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the respondents dispensed with, preserving their right to move for review of this judgment, if aggrieved. The petitioners state that they have applied for appointment as Peons in the third respondent society and that the second petitioner was not issued hall ticket though the first petitioner wrote the written test. They say that a conspiracy has been hatched to make certain illegal appointments. There cannot be any presumptions and assumptions to any such activity, unless the statutory authority concludes ultimately that there is illegality in the matter of selection. Hence, without prejudice to the contention of the respondents, it is directed that Exts.P6 and P7 will be taken up, considered and disposed of by the first respondent, in accordance with law, after giving opportunity to all parties who are entitled to be heard. It is also WPC.31732/08 Page numbers clarified that merely because of this judgment, the first respondent shall not issue any interim order without hearing the third respondent. Let final decision on Exts.P6 and P7 be taken within a period of three months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.