IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 23RD SEPTEMBER 2010 / 1ST ASWINA 1932 RP.No. 818 of 2010() -------------------- AGAINST THE JUDGEMENT IN WPC.14273/2010 Dated 18/08/2010 .................... REVIEW PETITIONER: PETITIONER: ----------------------------- KUNJIRAMAN NAIR, DIRECTOR, MANANTHAVADY FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.4034, P.B.NO.6, MANANTHAVADY, WAYANAD DISTRICT. BY ADV. SRI.P.N.MOHANAN RESPONDENT: RESPONDENT ---------------------- JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), WAYANAD. BY SMT.ANU SIVARAMAN, SPL.G.P. (CO-OP.) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: A.K. Basheer & P.Q. Barkath Ali, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - R.P. No. 818 of 2010 in WP(C)No. 14273 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of September, 2010 Order Basheer, J: While disposing of the above writ petition, we had directed the Joint Registrar to take a decision on the notice issued by him under Section 32 of the Kerala Co-Operative Societies' Act within one month from the date of receipt of a copy of the judgment, after affording sufficient opportunity of hearing to the petitioner and all others concerned. Petitioner seeks review of the above judgment contending that the Joint Registrar, in all likelihood, may order supercession of the Managing Committee. According to the petitioner, the hearing that may be conducted by the Joint Registrar may turn out to be an empty formality. 2. The only prayer in this petition is to keep the order that may be passed by the Joint Registrar in abeyance for a few days, so that the petitioner can avail of the right of appeal. 3. Ms.Anu, learned Special Govt. Pleader for Co- operation vehemently contends that the above prayer on a RP.818/2010 : 2 : mere apprehension or suspicion that the order to be passed by the Joint Registrar would be against the petitioner cannot be entertained a all. Having regard to the peculiar facts and circumstances of the case and keeping in view the decision of their Lordships of the Supreme Court in Siemens Ltd. v. State of Maharashtra (2007 (1) KLT 88 (SC)), we are satisfied that the right of appeal, if any, available to the petitioner need not be rendered nugatory. Therefore it is directed that the order, if any, that may be passed by the Joint Registrar shall be kept in abeyance for a period of ten days from the date of order. In other words, the order of the Joint Registrar shall come into force only on expiry of ten days from the date of his order. Issue copy of the order today itself. A.K. Basheer Judge. P.Q. Barkath Ali Judge. an.