IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 30144 of 2008(L) ----------------------------------------- PETITIONER(S): ------------------------- C.S.PANKAJAKSHAN, PRESIDENT, CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.A.327, CHERTHALA, PIN 688 524, RESIDING AT 'KEERTHY', CMC 26, CHERTHALA, PIN 688 524. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------------------- THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA, PIN 688 011. BY GOVERNMENT PLEADER SRI. K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30144/2008 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTIFICATION PUBLISHED IN 'MALAYALA MANORAMA' DAILY DTD. 18/06/2008. EXT.P2: COPY OF THE ORDER NO.CRB 4714/08 DTD. 5/08/2008. EXT.P3: COPY OF THE REQUEST FOR SERVING A COPY OF THE REPORT OF THE ASSISTANT REGISTRAR/VALUATION OFFICER. EXT.P4: COPY OF THE REPORT NO.VOC 3/08 DTD. 29/07/2008 OF THE ASSISTANT REGISTRAR/VALUATION OFFICER OF THE BANK. EXT.P5: COPY OF THE REPRESENTATION DTD. 22/09/2008 SUBMITTED BY THE PETITIONER TO THE RESPONDENT. EXT.P6: COPY OF THE ORDER NO.CRB 6228/08 DTD. 13/10/2008. EXT.P7: COPY OF THE REPRESENTATION DTD. 28/10/2008. EXT.P8: COPY OF THE LETTER NO.C.S.E.B/C10/2008 DTD. 31/10/2008 OF THE SECRETARY. EXT.P9: COPY OF THE ORDER NO.CRB 9961/86/L.DIS DTD. 17/12/1986 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. RESPONDENT'S EXHIBITS& ANNEXURE: EXT.R1(A): CIRCULAR NO.53/86 DTD. 27/12/1986. EXT.R1(B): RESOLUTIONS NO.470 DTD. 18/08/08. EXT.R1(C): RESOLUTIONS NO.471 DTD. 18/08/08. EXT.R1(D): RESOLUTIONS NO.472 DTD. 18/08/08. EXT.R1(E): RESOLUTIONS NO.473 DTD. 18/08/08. ANNEXURE 1: COPY OF THE PETITION DTD. 5/10/2008. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.30144 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of November, 2008. JUDGMENT 1.The petitioner, the President of the committee of a co-operative bank challenges Ext.P2 decision, whereby the respondent Joint Registrar has interdicted the bank from conducting any selection and appointment to the category of Peons and Attenders. 2.The last sentence of Ext.P2 appears to give the impression that it is an interlocutory order. But the learned Government Pleader submits that it is essentially a final order and all that is meant is only that it is not a restraint for all times to come. This means that the Joint Registrar had finally concluded against the bank that it cannot conduct the selection and appointment pursuant to Ext.P1 notification. WP(C)30144/08 -: 2 :- 3.Admittedly, Ext.P2 has been issued without hearing the bank. 4.Following the interim orders, selection has been made and it is stated that a ranked list has been prepared, however that, by the force of those interim orders, no appointments have been made. Under such circumstances, this writ petition is allowed quashing Ext.P2 and directing that the objections of the petitioner to Ext.P2, shall be considered treating Ext.P2 as a tentative decision and final orders will be issued within three weeks from the date of receipt of a copy of this judgment. Until then, no appointments shall be made pursuant to the selection conducted on the basis of the interim orders. The petitioner will make appearance before the Joint Registrar on the 3rd December, 2008. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/281108