IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 WP(C).No. 8481 of 2009(E) ------------------------------------- PETITIONER(S): ---------------------- THE KERALA STATE DEFENCE SERVICES CO-OPERATIVE HOUSING SOCIETY LTD., NO.4343, ANJIPARAMBIL BUILDINGS, ANAND BAZAR, SOUTH RAILWAY STATION ROAD, ERNAKULAM, COCHIN-16. REP.BY ITS PRESIDENT, CAPTAIN K.A.ABOOBACKER. BY ADV. MR.BABU KARUKAPADATH SMT.M.A.VAHEEDA BABU MR.JAGAN GEORGE MR.K.A.NOUSHAD MR.P.G.PRAMOD RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP.BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. MAJOR K.P.R. KUMAR, THRIPURA VEEDU, PONOTH ROAD, KALOOR, KOCHI-17. 4. V.K. PADMANABHAN NAMBIAR @ V.K.P. NAMBIAR, (KOLLAMPARAMBIL, PUTHIYAKAVU, THRIPUNITHURA P.O., ERNAKULAM) NOW RESIDING AT ANUGRAHA HOUSE, MAKKERI VIA MUNDELLOOR, PIN-670 622. 5. K.K. VELAYUDHAN, KOTTUKKAL VEEDU, AYYAPPANKAVU, KOCHI-18. R1 & R2 BY SR.GOVERNMENT PLEADER MR.MOHAMMED HASHIM. R3 BY ADV. MR.P.N.MOHANAN. R4 BY ADV. MR.V.R.KESAVA KAIMAL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.8481 of 2009 ---------------------------- Dated 4th January, 2010 JUDGMENT Heard the learned counsel appearing on both sides. 2. By Ext.P1 order passed on 15.4.2000 under section 68 (2) of the Kerala Co-operative Societies Act, 1969, the Additional Registrar of Co-operative Societies (Consumer), Thiruvananthapuram ordered recovery of the sum of Rs.67,278/= from the third respondent, the sum of Rs.1,65,835/= from the fourth respondent and the sum of Rs.11,645/= from the fifth respondent, together with interest thereon at 18% per annum. Respondents 3 to 5 were Directors of the petitioner society. When the amount covered by Ext.P1 order was not paid, the petitioner moved the Registrar of Co- operative Societies for execution of the said order. It is stated that the execution petitions were returned stating that respondents 3 to 5 have filed appeals challenging Ext.P1 order before the State Government. This writ petition was thereupon filed seeking a direction to the State of Kerala to furnish copies of the memorandam of appeal if any filed by respondents 3 to 5 from Ext.P1 order and to hear and dispose of the appeals within a time limit to be fixed by this court. The petitioner has also prayed for a direction to the Registrar of Co-operative Societies to WP(C).No.8481/2009 2 receive back the execution petitions or to receive fresh applications for execution of Ext.P1 order and to dispose of the same without delay. 3. When this writ petition came up for hearing today, Sri.Mohammed Hashim, the learned Senior Government Pleader appearing for the State of Kerala submitted that the appeals filed by respondents 3 to 5 from Ext.P1 order have been rejected by the Government on 30.11.2009 and that the order has been communicated to respondents 3 to 5. Sri. V.R.K.Kaimal, the learned counsel appearing for the fourth respondent concurs with the said submission. In the light of the fact that the appeals filed by respondents 3 to 5 from Ext.P1 order have been dismissed on 30.11.2009, the first relief prayed for by the petitioner has become infructuous. As regards the second relief, as the Government have dismissed the appeals filed by respondents 3 to 5 from Ext.P1 order, it is for the petitioner to move the competent authority under section 76 of the Co-operative Societies Act, 1969 for execution of Ext.P1 order. Without prejudice to that right, this writ petition is closed as infructuous. P.N.RAVINDRAN Judge TKS