IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 1214 of 2009(T) ------------------------- PETITIONER(S): --------------- 1. M.NARAYANAN, S/O.KUNHAPPA NAIR, MANIKKARA HOUSE, P.O.CHERUKUNNU,KANNUR DIST. 2. E.REGHU S/O.CHANDUKUTTY NAIR, PERUMUDI HOUSE, CHERUKUNNU P.O. KANNUR DIST. 3. M.BHARATHAN, S/O.P.V.RAMAN,MACHITHOL HOUSE, PALLICHAL, P.O.CHERUKUNNU, KANNUR DIST. 4. O.KRISHNAN,S/O.K.KUNHAPPA KRISHNA KRIPA ODAYAMADAM P.O.CHERUKUNNU, KANNUR DIST. 5. P.M.VINOD S/O.A.V.KARUNAKARAN NAMBIAR 'PRASEETHA'CHERUKUNNU P.O. KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KANNUR, KANNUR DIST. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)KANNUR. 5. T.V.REENA W/O.GANGADHARAN (LATE) C/O.DR.T.V.MANOJ KUMAR PAYYANNUR POST, KANNUR DIST. WP(C).1214/09 2 6. GREESHMA, AGED 12 YEARS, (MINOR) REPRESENTED BY MOTHER GUARDIAN,T.V.REENA, W/O.GANGADHARAN (LATE)C/O.DR.T.V.MANOJ KUMAR PAYYANNUR POST, KANNUR DIST. 7. DEVANADAN, AGED 3 YEARS, (MINOR) REPRESENTED BY MOHTER GUARDIAN T.V.REENA, W/O.GANGADHARAN (LATE) C/O.DR.T.V.MANOJ KUMAR PAYYANNUR POST,KANNUR DIST. R1 TO R4 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1214 OF 2009 ------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT The impugned Ext.P8 is an order for surcharge. Obviously, that is appealable. Learned counsel for the petitioners, faced with that situation, states that his clients have been advised to file appeal. Hence, without entering on merits, this writ petition is dismissed, preserving the right of the petitioners to challenge Ext.P8 in statutory proceedings. To enable the petitioners to move the appellate authority and seek interim orders, it is directed that no distress action following Ext.P8 shall be enforced for a period of 45 days from today. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.