IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 16142 of 2010(P) --------------------------------------- PETITIONER: ------------------- THOMASKUTTY.G., S/O.M.GEORGE, AGED 31, PALAVILA KIZHAKKETHIL, VAYALA P.O., PATHANAMTHITTA DISTRICT. BY ADVS. SRI.JOHNSON MANAYANI, SRI.BENHUR JOSEPH MANAYANI. RESPONDENTS: ------------------------ 1. PARAKODE SERVICE CO-OPERATIVE BANK LTD. NO.821, PARAKODE P.O., PATHANAMTHITTA DISTRICT, REP.BY ITS SECRETARY. 2. PARAKODE SERVICE CO-OPERATIVE BANK COMMITTEE LTD. NO.821, PARAKODE P.O., PATHANAMTHITTA DIST. REP.BY ITS PRESIDENT. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TRIVANDRUM. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), COLLECTORATE P.O., PATHANAMTHITTA DISTRICT. 5. STATE OF KERALA, REP.BY ITS SECRETARY TO CO-OPERATIVE DEPARTMENT, SECRETARIAT, TRIVANDRUM. R1 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR, R3 TO R5 BY GOVT. PLEADER SRI. M.H. HANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16142/2010-P: APPENDIX PETITIONERS' EXHIBIT: EXT.P.1: COPY OF THE PETITION DT. 24/04/2010 FILED BY THE PETITIONER BEFORE RESPONDENTS 3 TO 5. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 16142 OF 2010 ......................................................................... Dated this the 2nd December , 2010 J U D G M E N T The petitioner has approached this Court with the following prayers: “i. Issue a writ of mandamus or any other appropriate writs, directions or orders commanding respondents 3 to 5 to prevent the shifting of Kannankode branch from the present building to any other building. ii. Declare that the shifting of the first respondent's branch from the present building to any other building is incorrect and illegal. iii. Issue a writ of mandamus or any other appropriate writs, directions, or orders commanding respondents 3 to 5 to enquire into the petitioner's Ext.P1 petition and to issue an order staying further arrangements and construction to shift the first respondent's Kannankode branch from the present building to any W.P.(C) No. 16142 OF 2010 2 other building. iv. Issue such other orders as are deemed fit and proper in the circumstances of the case. “ 2. When the matter came up for consideration before this Court, the learned Counsel for the petitioner submits that the Bank is yet to be shifted and further that the present building is not owned by the respondent Bank and the same is also a rented premises. In any view of the matter, the learned Counsel submits that the petitioner would like to pursue the remedy with regard to the grievances projected in the Writ Petition by approaching the 4th respondent . Reserving the rights and liberties as above, without expressing anything on merits of the case, the Writ Petition is disposed of, making it clear that the petitioner is at liberty to pursue such exercise in accordance with the relevant provisions of law. P.R. RAMACHANDRA MENON, JUDGE. lk