IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 32534 of 2008(W) -------------------------- PETITIONER(S): --------------- A. JALIF, BILL COLLECTOR, THE NEDUMANGAD TALUK MALSYA VITHARANA CO-OPERATIVE SOCIETY LIMITED NO. T-551, MARKET JUNCTION, NEDUMANGAD.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. THE NEDUMANGAD TALUK MALSYA VITHARANA CO-OPERATIVE SOCIETY LIMITED NO. T-551, MARKET JUNCTION, NEDUMANGAD.P.O, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. PRESIDENT, THE NEDUMANGAD TALUK MALSYA VITHARANA CO-OPERATIVE SOCIETY LIMITED NO. T-551, MARKET JUNCTION, NEDUMANGAD.P.O, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.G.GOPAKUMAR ADV. SRI.B.RAGUNATHAN FOR R1-2 SRI.V.V.MATHEW FOR R1-2 SRI.R.SRINATH FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 32534 OF 2008 -------------------------- Dated this the 21st day of November, 2011 J U D G M E N T Ext.P2 order of suspension dated 6.10.2008 issued by the second respondent herein, who is the President of the first respondent society, placing the petitioner under suspension and Ext.P3 memo of charges dated 29.9.2008 issued to the petitioner are under challenge in this writ petition. Respondents 1 and 2 have filed a counter affidavit and produced along with it as Ext.R1(b), an order dated 21.6.2011 issued by the disciplinary sub committee dismissing the petitioner from service with effect from the date on which he was suspended. 2. Such being the situation, I am of the opinion that the reliefs prayed for cannot be granted. If the petitioner is aggrieved by the order dismissing him from service, his remedy is to challenge it in appeal before the managing committee and thereafter in the Co-operative Arbitration Court. In view of the fact that disciplinary action initiated against the petitioner has now come to an end and the order of suspension has ceased to WPC No.32534/2008 2 be in force with the order of dismissal, the Joint Registrar of Co- operative Societies cannot pass any order on Ext.P6. The writ petition is accordingly closed as infructuous reserving liberty with the petitioner to challenge the order dismissing him from service in other appropriate proceedings. P.N.RAVINDRAN, (JUDGE) vps WPC No.32534/2008 3