IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 WP(C).No. 33076 of 2008(K) -------------------------- PETITIONER(S): --------------- 1. GEORGE JOSEPH, S/O.JOSEPH, PALLATHUKUZ- HIYIL HOUSE, PALAYAM, KADAPLAMATTOM, KOTTAYAM. 2. BAIJU KUNJAN, S/O.KUNJAN, 47 YEARS THAZHATHUTHODUKAYIL, KADAPLAMATTOM, KOTTAYAM. 3. BABY, KOCHAINKANAL, KADAPLAMATTOM, KOTTAYAM. 4. GEORGE MANI, CHENATTU, KADAPLAMATTOM KOTTAYAM BY ADV. SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO THE CO.OP.DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. REGISTRAR OF CO.OP.SOCIETIES, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO.OP.SOCIETIES, KOTTAYAM. 4. KADAPLAMATTOM SERVICE CO.OP.BANK LTD. NO.2633, KADAPLAMATTOM, MEENACHIL, KOTTAYAM REP. BY ITS SECRETARY. 5. JOSHY MATHEW, THENGANCHALIL, KADAPLAMATTOM, 6. P.M.THOMAS, PULICKEEYIL KADAPLAMATTOM. 7. MONIKUTTY JOSE, KADIKUTTIYIL, KADAPLAMATTOM. R1 TO R3 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.33076 OF 2008 ------------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Heard learned counsel for the petitioners and learned Government Pleader for respondents 1 to 3. Notice to respondents 4 to 8 dispensed with having regard to the nature of the order being issued hereunder, preserving their right to move for review of this judgment, if aggrieved. Petitioners state that respondents 5 to 8 are disqualified from continuing as members of the committee of the 4th respondent, they having incurred the disqualification of being persons in default to that society. It is also a matter of record, going by the materials in this writ petition, that those persons have been enlisted as entitled to the benefits of the Debt Relief Scheme. To be in default, one has to fall within the trappings of the relevant statutory rule. At the same time, if he is entitled to the benefit of the Debt Relief Scheme, the question whether he is WPC.33076/08 Page numbers in default would gain consideration only by taking also into consideration, the question of coverage or otherwise, under the Debt Relief Scheme. This may be depend on various facts and circumstances. Therefore, without expressing anything on merits, this writ petition is ordered directing that Ext.P3 will be taken up, considered and disposed of in accordance with law and after hearing respondents 4 to 8. Let this be done within a period of 45 days from the date of receipt of a copy of this judgment. All other issues are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.