IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 28360 of 2008(A) -------------------------- PETITIONER(S): --------------- CALICUT CITY SERVICE CO.OP. BANK LTD., NO.D.2777, CALICUT., REP. BY ITS PRESIDENT BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- JOINT REGISTRAR OF CO.OP.SOCIETIES (GENERAL), CALICUT. BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28360 OF 2008 ------------------------------------------- Dated this the 13th day of October, 2008 JUDGMENT This writ petition is filed seeking certain directions in relation to the request of the petitioner for grant of sanction for additional posts and allied matters regarding the staff pattern in the petitioner Co-operative Bank. The sole respondent Joint Registrar has placed an affidavit through the Senior Inspector of Co-operative Societies, stating, among other things, that since the direction in the judgment in W.P(C).15621/08 was for the disposal of the matter by the competent authority, the request has been placed before the Registrar of Co-operative Societies having regard to various matters enumerated in paragraph 6 of that counter affidavit. It is stated that Ext.P6 was issued under such circumstances to the petitioner. 2. Learned counsel for the petitioner stoutly refuted the reasons enumerated in para 6 of the counter affidavit and states that they are made out only to create a situation whereby the WPC.28360/08 Page numbers petitioner could be deprived of sanction for additional posts and that the history of the case leading to different earlier litigations would show that the respondent is somehow trying to find out reasons, which are just not there, to refuse the said request of the petitioner. In the aforesaid circumstances, the Registrar of Co- operative Societies, though not a party to this writ petition, is hereby directed to take up the file referred to in Ext.P6 and take a final decision thereon within an outer limit of one month from the date of receipt of a copy of this judgment, after affording the petitioner an opportunity of being heard. The petitioner will make appropriate representation before the Registrar of Co- operative Societies with the certified copy of this judgment and a copy of this writ petition, along with a copy of the counter affidavit of the respondent Joint Registrar. It is also directed that the petitioner will be heard by the Registrar of Co-operative Societies touching the sustainability or otherwise of the different grounds shown by the Joint Registrar to state that he was WPC.28360/08 Page numbers incompetent to grant the approval. The writ petition is ordered accordingly, leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.