IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 13284 of 2010(I) ------------------------------------- PETITIONERS: --------------------- 1. SUNNY PAULOSE, S/O.PAULOSE, AGED 51 YEARS, VELOOKKARAYIL HOUSE, PINDIMANA, KOTHAMANGALAM. 2. K.J.VARGHESE, S/O.K.V.JOSEPH, KUNNATHU HOUSE, CHELAD P.O., PINDIMANA, KOTHAMANGALAM. BY ADV. SRI.THAMPAN THOMAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE JOINT SECRETARY TO GOVERNMENT OF KERALA, CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTHAMANGALAM, ERNAKULAM. 5. PINDIMANA SERVICE CO-OPERATIVE BANK LTD.NO.E.25, REPRESENTED BY ITS SECRETARY, PINDIMANA, KOTHAMANGALAM. 6. ELDHO K.THOMAS, KAVUNGHUMPILLIL HOUSE, CHELAD P.O., KOTHAMANGALAM, (LEADER OF CPIM AND FORMER CHAIRMAN OF THE ADMINISTRATIVE COMMITTEE). R1 TO R4 BY SPL. GOVT. PLEADER SRI. D. SOMASUNDARAM, R6 BY ADV. SRI.ALEXANDER JOSEPH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 13284 OF 2010 -------------------------- Dated this the 28th day of November, 2011 J U D G M E N T The petitioners are members of the fifth respondent co- operative society. They are also its office bearers. This writ petition is filed challenging Ext.P5 order passed by the State Government whereby it vacated the interim order earlier passed by it staying the operation of an order of surcharge passed against the petitioners. By virtue of the interim order passed by this Court in this writ petition, the surcharge proceedings were kept in abeyance and by the very same order this Court directed the Government to consider the appeal and pass orders thereon. Pursuant thereto, the Government passed orders on 22.3.2010 dismissing the appeal. The said order is under challenge in W.P.(C) No.24794 of 2010 filed by the very same petitioners. In that writ petition this Court has passed an interim order staying further proceedings pursuant to the Government order dated 24.7.2010. In such circumstances, the issue raised in this writ petition WPC No.13284/2010 2 has become academic and nothing survives for consideration in the instant writ petition. It is accordingly closed as infructuous reserving liberty with the petitioners to prosecute W.P.(C) No. 24794 of 2010. P.N.RAVINDRAN, (JUDGE) vps WPC No.13284/2010 3