IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 15333 of 2007(A) -------------------------- PETITIONER: ------------------ THE KARUVANTHURUTHY (FEROKE PANCHAYATH)S ERVICE CO-OP.BANK LTD.NO.D 2638, KARUVANTHURUTHY, FEROKE, KOZHIKODE, REP. BY ITS SECRETARY. BY ADV. SRI.P.P.JACOB SRI.N.T.SATHYAVAN RESPONDENTS: ---------------------- 1. THE NREGISTRAR OF CO-OP.SOCIETIES, TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OP. SOCIETY (G), KOZHIKODE. 3. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1- TRUE PHOTOCOPY OF THE RESOLUTION NO.4 DATED 21-1-2006 OF THE PETITIONER. EXT.P2- TRUE PHOTOCOPY OF THE LETTER ISSUED BY FIRST RESPONDENT TO THE SECOND RESPONDENT DATED 28-2-2006. EXT.P3- TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 14-3-2006. EXT.P4- TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER DATED 9-8-2006. EXT.P5- TRUE PHOTOCOPY OF THE ORDER ISSUED BY THE SECOND RESPONDENT DATED 25-4-2007. EXT.P6- TRUE PHOTOCOPY OF THE CIRCULAR NO.32/01 DATED 17-8-2001 ISSUED BY THE FIRST RESPONDENT. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.15333 of 2007 ================================== Dated this the 2nd day of January, 2008. JUDGMENT Ext.P5 impugned in this writ petition is a direction to recoup the expenditure incurred in connection with WP(C)No.21870 of 2006 which has been allowed today vide separate judgment. In that case, the petitioner Society had challenged the direction of the Joint Registrar to disengage one Sri.P.Balasubramanyan who was appointed on contract basis for one year with the prior approval of the Joint Registrar. The said person had also been disengaged by the Society after the period of his appointment for one year. The Society has not only succeeded the litigation but had also showed reasons that the said litigation was bona fide. Under such circumstances, whatever be the effects of the circulars relied on therein, Ext.P5 does not survive and is liable to be quashed. WPC15333/2007 -:2:- In the result, this writ petition is allowed quashing Ext.P5. No costs. Thottathil B.Radhakrishnan, Judge. sl.