IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WA.No. 2714 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33474/2009 Dated 28/11/2009 .................... APPELLANT(S): RESPONDENTS 2 & 3 ------------------------------- 1. THE KANDALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.1410, P.O.KANDALLOOR, KAYAMKULAM, ALAPPUZHA, REPRESENTED BY ITS MANAGING DIRECTOR. 2. MR.S.ANANDAN, PRESIDENT. THE KANDALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.1410, P.O.KANDALLOOR, KAYAMKULAM, ALAPPUZHA, BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): PETITIONER & IST RESPONDENT ------------------------------------------ 1. S.VIJAYAN, AGED 67 YEARS, S/O.N.SANKARAN, RESIDING AT NADASSERIL HOUSE, KANDALLOOR P.O., KAYAMKULAM - 690 535. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. *ADDL.R3 : STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM *IS IMPLEADED AS ADDL. 3RD RESPONDENT AS PER ORDER DATED 3-12-2009 IN I.A.NO.1230/2009 R1 BY ADV.SRI.RAMAPRASAD UNNI BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/12/2009, ALONG WITH WPC NO. 33474 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.2714 of 2009 & W.P(C)No.33474 of 2009 ----------------------------------------- Dated this the 3rd day of December, 2009 JUDGMENT Kurian Joseph, J. Appellants are respondents 2 and 3 in the writ petition. The writ petition was filed challenging Ext.P2 order passed by the first respondent Joint Registrar. After passing order in the matter of disqualification it is seen from the impugned order that the said authority, taking note of the pendency of an appeal before the appellate authority, stayed the operation of the order passed by himself. On the ground of lack of jurisdiction for the original authority the learned single Judge stayed the operation of Ext.P2 order. That is under attack by the appellants. 2. It is seen from Annexure A1 that the second appellant has filed a statutory appeal before the Government. Therefore, the writ petition and the writ appeal are disposed of as follows. W.A.No.2714 of 2009 & W.P(C)No.33474 of 2009 -:2:- There will be a direction to the additional 3rd respondent in the appeal to consider and dispose of Annexure A1 appeal with notice to the appellants and the first respondent in the appeal expeditiously. In any case, order on the interim application shall be passed within one month from today. In that view of the matter we quash Ext.P2. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.2714 of 2009 & W.P(C)No.33474 of 2009 ---------------------------- JUDGMENT 3rd December, 2009