IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WP(C).No. 18203 of 2010(A) ---------------------------------------- PETITIONER(S): ------------------------- 1. BABU ANTONY, S/O. ANTONY, AGED 48 YEARS, ARESSERIL HOUSE, ARTHUNKAL POST, CHERTHALA, ALLEPPEY DISTRICT. 2. P.S.AVARACHAN, S/O. SEBASTIAN, AGED 59 YEARS, PALLIPARAMBIL HOUSE, ARTHUNKAL POST, CHERTHALA, ALLEPPEY DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENT(S): --------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALLEPPEY DISTRICT, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHERTHALA, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, CHERTHALA, ALLEPPEY DISTRICT. 4. ARTHUNKAL VILLAGE SERVICE CO-OPERATIVE BANK LIMITED NO.3772, REPRESENTED BY ITS SECRETARY, ARTHUNKAL, ALLEPPEY DISTRICT. 5. PRESIDENT, ARTHUNKAL VILLAGE SERVICE CO-OPERATIVE BANK LIMITED NO.3772, ARTHUNKAL, ALLEPPEY DISTRICT. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:18203 OF 2010 A ----------------------------------------------------------- Dated this the 11th June, 2010. JUDGMENT The petitioners are members of the fourth respondent bank. They are also elected members of the Board of Directors. According to the petitioners the bank is running at a loss for the past more than ten years and the present loss is more than Rs.3 crores as per the last audit report. The allegation of the petitioners is that in total disregard of the financial condition of the bank, with the support of a section of the Board of Directors, action is being taken to make appointments to the posts of Peon and Watchman. According to the petitioners the appointments are vitiated by corruption and illegal gratification. 2. The counsel for the petitioners points out that as per Ext.P4 judgment the first respondent has already been directed by this Court to conduct an enquiry into the complaints of the petitioners and to pass orders thereon within a period of two months. In case the allegations are found to be true there is a further direction to take action against the persons responsible. After Ext.P4, it is alleged that a meeting of the Board of Directors was convened on 22/5/2010 but actually no meeting was held on the said date. Therefore, Ext.P6 complaint was submitted before WPC 18203/2010 2 the first respondent, followed by another representation Ext.P7. However, no action has been taken thereon till date. According to the petitioners, the Board of Directors have initiated action to appoint three persons whose names are mentioned in the writ petition, alleging that a resolution has been adopted by the Board of Directors on 22/5/2010, sanctioning such appointments, that no meeting was actually held on the said date. In the above circumstances the petitioners seek appropriate directions for the disposal of Ext.P6. 3. In view of the limited relief that is sought for in this writ petition I do not think it necessary to issue notice to the respondents. I have heard the learned senior Govt. Pleader who has no objection to a direction being issued to the first respondent to dispose of Ext.P6. 4. In the above circumstances this writ petition is disposed of directing the first respondent to consider Ext.P6 representation of the petitioner, provided the same has been received and is pending, in accordance with law and to pass appropriate orders thereon as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. K. SURENDRA MOHAN Judge jj WPC 18203/2010 3 WPC 18203/2010 4