IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST AUGUST 2009 / 30TH SRAVANA 1931 WP(C).No. 23909 of 2009(G) -------------------------- PETITIONER(S): --------------- 1. K.M.MATHEW, KALATHIL, NEELAMPEROOR P.O., ALAPPUZHA DISTRICT. 2. K.HARIDAS, EZHAMPOKKAL, NEELAMPEROOR P.O., ALAPPUZHA DISTRICT. 3. JOJO GEORGE, PATTARKALAM, ERA P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.P.RAVINDRAN, SENIOR ADVOCATE SRI.P.DEEPAK RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ALAPPUZHA. 2. THE UNIT INSPECTOR OF CO-OPERATIVE SOCIETIES, KAVALAM, KUTTANAD, ALAPPUZHA. 3. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.23909 OF 2009 ------------------------ Dated this the 21st day of August, 2009. JUDGMENT Petitioners are the elected members of Neelamperoor Service Co-operative Bank Ltd. The term of the Board of Directors is to expire on 25.11.2009. They were issued Ext.P3 notice under Section 32(1) of the Kerala Co- operative Societies Act, to which they filed Ext.P4 reply. Finally, the matter concluded by Ext.P6 order of supercession. Against that order, though a writ petition was filed before this court as WP(c).No. 20071/08, by Ext.P7 judgment the petitioners were relegated to pursue the appellate remedy available. 2. Accordingly, they filed Ext.P8 appeal and Ext.P9 stay petition before the 3rd respondent. By Ext.P10 order, stay sought for was declined which again was challenged before this court in WP(c).No.11225/09. That writ petition WP(c).No.23909/09 2 was disposed of by Ext.P11 judgment retaining the interim order and also directing that the appeal shall be disposed of and that if the final order in the appeal is adverse to the petitioners, the same shall not be implemented for four days from the date of service of the order. Accordingly, appeal was considered and by Ext.P12, the appeal has been rejected. It is challenging Ext.P12 this writ petition is filed. 3. Although several contentions on the merits of the controversy have been raised in the writ petition, I do not think that, it necessary to go into the correctness of those contentions. This is for the reason that a reading of Ext.P4 appellate order shows till the 4th page of the said order, the 3rd respondent has reiterated the facts pleaded and canvassed by both sides and finally dismissed the appeal with the following observations; “Government have examined the matter in detail and found that the Board of Directors have failed in discharging their duties imposed on by he Kerala Co-operative Societies Act and Rules and the bye laws of the Bank. Therefore, the impugned order is found to be strictly in accordance with the WP(c).No.23909/09 3 provisions of the Kerala Co-operative Societies Act and Rules.” 4. If this can be treated as the reasoning of the appellate authority, this shows that the appellate authority has not considered the contentions of either of the parties and therefore the order is vitiated for non application of mind. For that reason, Ext.P12 will stand set aside. It is directed that the appellate authority shall dispose of the matter afresh with notice to all concerned, as expeditiously as possible and at any rate within 4 weeks from the date of receipt of a copy of the judgment. It is directed that in the meanwhile status quo as on date will continue. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.23909/09 4