IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 OP.No. 27004 of 2001(M) --------------------------------- PETITIONER(S): ------------------------ *K.V.THOMAS, AGED 48 YEARS, S/O. VARGHESE, KOVATTU HOUSE, MANIMALA P.O. , KOTTAYAM DISTRICT ADDL. PETITIONERS 2 TO 5 ARE IMPLEADED 2. ALICE THOMAS, W/O. LATE K.V.THOMAS, KOVATTU HOUSE, MANIMALA P.O., KOTTAYAM DISTRICT. 3. AJISH K. THOMAS, S/O. LATE K.V.THOMAS, KOVATTU HOUSE, MANIMALA P.O., KOTTAYAM DISTRICT. 4. ANISH K.THOMAS, S/O. LATE K.V.THOMAS, KOVATTU HOUSE, MANIMALA P.O., KOTTAYAM DISTRICT. 5. AJUSH K.THOMAS, S/O. LATE K.V.THOMAS, KOVATTU HOUSE, MANIMALA P.O., KOTTAYAM DISTRICT. ADDL. PETITIONERS 2 TO 5 ARE IMPLEADED AS PER ORDER DT. 24.2.09 IN IA. NO.245/09 IN OP. 27004/01. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, CO- OPERATIVE DEPARTMENT, THIRUVANANTHAPRAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GL), KOTTAYAM. OP. NO.27004/2001 3. ASSISTANT REGISTRAR OF CO- OPERATIVE SOCIETIES (GL) KOTTAYAM. 4. ST.GEORGE'S HIGH SCHOOL CO- OPERATIVE SOCIETY NO.K./298 MANIMALA, REP.BY ITS PRESIDENT. ADDL. R5 IS IMPLEADED 5. THE MANAGER, THE CORPORATE MANAGEMENT OF SCHOOLS, ARCHDIOCES OF CHANGANASSERY, CHANGANASSERY. ADDL. R5 IS IMPLEADED AS PER ORDER DT. 21.1.02 IN CMP. 58371/2001. GOVERNMENT PLEADER MR.T.K.VIPINDAS FOR R1 TO R3 SRI.M.P.ASHOK KUMAR FOR R4 & ADDL. R5 SMT.K.P.SREELAJA FOR R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.43904/2001 IN OP. NO.27004/2001 DISMISSED 10.06.2009 SD/- V.K.MOHANAN, JUDGE TRUE COPY P.S. TO JUDGE TSS V.K.MOHANAN, J. ---------------------------------------- O.P. No.27004 OF 2001 ---------------------------------------- Dated, 10th day of June, 2009 JUDGMENT The petitioner, against whom Ext.P3 was issued to take action under section 94 of the Kerala Co Operative Societies Act, which was confirmed by Ext.P4, has approached this Court challenging Exts.P3 and P4. But the petitioner is no more which is not disputed. As per Exts.P3 and P4, the direction is to take prosecution under section 94 of the said Act. As the accused is no more, who is the petitioner herein, no issue to be decided in this writ petition is surviving. Thus this writ petition became infructuous. Accordingly, the original Petition is dismissed. V.K.MOHANAN, JUDGE kvm/- -:2:- V.K.MOHANAN, J. O.P.No. 27004 of 2001 JUDGMENT Dated:.10.6.2009.