IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 3899 of 2011(J) ------------------------- PETITIONER: ------------------ V.SUDHEER, AGED 40 YEARS, S/O.BHASKARAN, VETTAKKAL HOUSE, NANMANDA P.O., KOZHIKODE - 673613. BY ADV. SRI.M.AJAY RESPONDENTS: --------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695 001. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE, PUTHIYAREA - 673 004. 3. THE ADMINISTRATOR, NANMANDA RURAL CO-OPERATIVE HOUSING SOCIETY LTD.NO.D1988, NANMANDA, KOZHIKODE - 673 613. 4. THE NANMANDA RURAL CO-OPERATIVE HOUSING SOCIETY LTD.NO.D1988, (REPRESENTED BY ITS SECRETARY), NANMANDA, KOZHIKODE - 673 613. 5. THE STATE CO-OPERATIVE ELECTION COMMISSION, KERALA, 3RD FLOOR, CO BANK TOWER, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 695 033. BY GOVT. PLEADER, SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 3899 OF 2011 -------------------------- Dated this the 10th day of February, 2011 J U D G M E N T The petitioner is a member of the fourth respondent society. Clause 5(a) of the bye-laws of the society stipulates that an A class member of the society will have his membership terminated and will cease to be a member, if he does not apply for and got a loan sanctioned in his name within three years from the date on which he is enrolled as a member of the society. It appears, based on the said provision, steps were taken to terminate the membership of four members of the society. They filed a writ petition in this Court which was disposed of by Ext.P3 judgment with a direction to the Joint Registrar of Co-operative Societies to consider the issue regarding the eligibility of the said persons to continue as members of the society in accordance with the procedure stipulated in rule 16(4) of the Kerala Co-operative Societies Rules, 1969 and to pass orders thereon. Though an appeal was taken from the said judgment by one among the petitioners and another member who has also filed a writ petition, the Division Bench of this Court declined to interfere with the said judgment but directed that the Joint Registrar should take a decision in the matter as directed by the learned Single Judge in accordance with law after affording sufficient opportunity of being heard to all the parties. The Division Bench also directed that if the decision of the Joint Registrar is WPC No./2011 2 adverse to the parties, it shall be kept in abeyance for a period of 10 days from the date of communication of the order. 2. In this writ petition, the petitioner seeks a direction to the official respondents to hear him also while passing orders pursuant to Exts.P3 and P4 judgments. The petitioner states that notwithstanding the directions of this Court in Ext.P4 judgment, the Administrator of the society, the third respondent herein has taken steps to finalise the voters list after excluding the names of the members who have not availed loans within three years from the date of their enrollment as members. The petitioner also seeks a direction to the Administrator to await the the decision of the Joint Registrar before taking steps to exclude the names of such persons. 3. When the writ petition came up for admission on 8.2.2011 the learned Government Pleader was granted time to get instructions as to whether pursuant to Exts.P3 and P4 judgments, the Joint Registrar has passed orders and whether the petitioner has submitted any representation before the second respondent requesting that he may also be heard in the matter. The learned Government Pleader appearing for the official respondents submitted on instructions that a copy of Ext.P4 judgment was received on 19.1.2011 and the Joint Registrar is yet to take a decision in the matter. He also submitted that the petitioner has submitted representations before the Joint Registrar requesting that he may also be WPC No./2011 3 heard in the matter. In the light of the fact that the Joint Registrar of Co-operative Societies is yet to take a decision in the matter, I am of the opinion that he should hear the petitioner also as the petitioner is a person similarly situated as the petitioners/appellants in Exts.P3 and P4 judgments. In such circumstances, as the petitioner has already moved the Joint Registrar setting out his grievances, I am of the opinion that the Joint Registrar should while implementing Exts.P3 and P4 judgments afford the petitioner a reasonable opportunity of being heard. The Joint Registrar shall also ensure that till such time as orders are passed and for a period of 10 days after it is communicated to the parties, the direction issued by this Court in Ext.P4 judgment shall be enforced. He shall also issue necessary instructions to the Administrator of society to stay his hands till he takes a decision in the matter. The writ petition is disposed of as above. P.N.RAVINDRAN, (JUDGE) vps WPC No./2011 4 WPC No./2011 5