IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WA.No. 2391 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.27081/2009 .................... APPELLANTS: PETITIONERS IN WP ------------------------------- 1. MARIYAMMA GEORGE, MEMBER NO.7469, AYARKUNNAM SERVICE COOPERATIVE BANK LTD.NO.4147, KOVUKUNNEL, AMAYANNUR P.O, KOTTAYM DISTRICT. 2. ANTONY JOSEPH, MEMBER NO.2413, -DO- -DO -KUNNATHETTU HOUSE, AYARKUNNAM. 3. K.K.JOSEPH, MEMBER NO.1354, -DO- -DO- KARINGOTTUMATTATHIL HOUSE, AYARKUNNAM. 4. JOSEPH CHAMAKALA MEMBER NO.4730,-DO- -DO- CHAMAKALAYIL HOUSE, KONGANDOOR P.O. AYARKUNNAM. 5. K.J. ABRAHAM, MEMBER NO.5733, -DO- -DO- MANJESH BHAVAN, AYARKUNNAM 6. JOY KOTTATHIL, MEMBER NO.1942, DO -DO- KOTTATHIL HOUSE, ARUMANOOR P.O. 7. ADV.K.A. PRASAD, MEMBER NO.4253, -DO- -DO- KULAKKATIL HOUSE, KONGANDOOR P.O. BY ADV. SRI.GEORGE POONTHOTTAM WA NO.2391/09 -2- RESPONDENTS: RESPONDENTS -------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 2. THE AYARKUNNAM SERVICE CO-OPERATIVE BANK LTD.NO.4147, AYARKUN NAM P.O., KOTTAYAM REPRESENTED BY ITS SECRETARY. 3. THE PART TIME ADMINISTRATOR, AYARKUNNAM SERVICE COOP BANK LTD NO.4147, (KUMARAKOM UNIT INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) KOTTAYAM. GP SMT.R.BINDU FOR R1 SRI.P.C.SASIDHARAN FOR R2 AND R3 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.BHAVADASAN, JJ. ------------------------------------------------------------------ WA No.2391 of 2009 ------------------------------------------------------------------ Dated 6th November 2009 Judgment Balakrishnan Nair, J. This appeal is filed against the interim order passed by the learned Single Judge on 21.10.2009, declining to grant the interim reliefs sought in the Writ Petition. Two interim reliefs were sought in the Writ Petition. One was to restore the superseded committee, pending hearing the Writ Petition and the other was for a direction to take steps to appoint a Returning Officer, so that election could be conducted to the Managing Committee, as requested by the Society as per Ext.P1 resolution dated 18.09.2009, on 29.11.2009. Having regard to the limited scope of appeal under S.5 of the Kerala High Court Act, against an interim order passed by the learned Single Judge in his discretion and also the nature of the reliefs sought, we feel that it is not proper for this court to interfere with the interim order. But, we feel that an early hearing of the Writ Petition itself will redress the grievance of the appellants. Accordingly, we request the learned Single Judge, who deals with Co-operative Societies matters as per the roster, to try to give some preference to the hearing of WA 2391/09 2 Writ Petition(C) No.27081/09 and if possible, hear the matter within one month. If the matter could not be heard within the above said time limit, the writ petitioners may move The Honourable The Chief Justice, for appropriate orders for posting the case. The Writ Appeal is disposed of as above. K.BALAKRISHNAN NAIR, JUDGE P.BHAVADASAN, JUDGE sta WA 2391/09 3