IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WA.No. 200 of 2008 --------------------------- AGAINST THE JUDGEMENT IN WPC.25599/2007 DATED 14/01/2008 .................... APPELLANT/PEITIONER IN WPC: ---------------------------------------------- S.P.NANU, S/O.KANNAN, AGED 55, SCHOOLULLAPARAMBATH HOUSE, MOILOTHARA P.O., KAVILUMPARA VILLAGE, KOZHIKODE. BY ADV. SRI.P.P.JACOB RESPONDENTS/RESPONDENTS IN WPC: ---------------------------------------------------------- 1. MARUTHONKARA PANCHAYATH SERVICE CO-OPERATIVE BANK LTD. NO. D 2461, ADUKKATHU, KOZHIKODE REPRESENTED BY ITS SECRETARY. 2. N.P.RAGHAVAN, EX-PRESIDENT, MARUTHONKARA PANCHAYATH SERVICE CO-OPERATIVE BANK LTD.NO. D 2461, AISWARYA, P.O.MOILOTHARA, KAVILUMPARA, KOZHIKODE. 3. THE ADMINISTRATOR, MARUTHONKARA PANCHAYATH SERVICE CO-OPERATIVE BANK LTD.NO.D 2461 ADUKKATHU, KOZHIKODE. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOZHIKODE. R4 BY SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA R2 BY ADV. SRI.P.RAVINDRAN (SR.) & SRI.ANIL SIVARAMAN R1 BY ADV.SRI.K.N.CHANDRABABABU, ADV.MR.M.SASINDRAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.200 of 2008 ------------------------------------------------------- Dated, this the 27th day of February, 2008 JUDGMENT H.L.Dattu, C.J. The appellant in this writ appeal was the petitioner in W.P. (C) No.25599/2007. He calls in question the correctness or otherwise of the orders passed by the learned Single Judge in the afore-said writ petition. (2). The petitioner was the elected committee member of the Ist respondent Maruthomkara Panchayat Service Co-operative Bank Ltd. (“Bank“ for short). The State Government has passed an order superseding the Executive Committee of the Bank and has appointed an Administrator to manage the affairs of the respondent Bank. As of now, the Administrator is managing the affairs of the Bank. This aspect is not in dispute by any one of the parties before us. (3). In the writ petition filed, the petitioner sought for the following reliefs. They are as under: “a). Issue a writ of mandamus or any other writ order or direction directing the fourth respondent to consider Ext.P9 and issue necessary orders as per law enabling to delete/remove 752 fake names unauthorisedly incorporated in the minute book of the society by the second respondent. b). Issue a writ of mandamus or other writ or order directing the respondents 1 & 3 not to enroll members or give W.A.No.200/2008 -2- membership to 752 persons added in the minute book unauthorisedly by accepting share amount or giving membership in whatsoever manner. c). Issue necessary directions directing the third respondent to take steps to conduct the election to the managing committee of the first respondent as per law.” (4). The first relief is to direct the Joint Registrar of Co-operative Societies to consider Ext.P9 petition filed by the petitioner wherein he has made certain allegations against the office bearers and the executive members of the Ist respondent Bank. The other reliefs sought for in the writ petition are consequential reliefs. (5). In our view, if we direct the Joint Registrar of Co-operative Societies to consider Ext.P9 petition filed by the petitioner after hearing the petitioner and others who may be affected by his order, no injustice or prejudice would be caused either to the petitioner or any other members of the respondent Bank. (6). Sri.P.P.Jacob, learned counsel appearing for the appellant/petitioner has no objection whatsoever to direct the Joint Registrar of Co-operative Societies to consider Ext.P9 petition in accordance with law. Sri.P.Ravindran, learned senior counsel appearing for the Administrator of the respondent Bank has also no objection to direct the Joint Registrar of Co- operative Societies to consider Ext.P9 petition in accordance with law. (7). In view of the above, we deem it proper to set aside the W.A.No.200/2008 -3- orders passed by the learned Single Judge and then direct the Joint Registrar of Co-operative Societies to consider Ext.P9 petition in accordance with law. Accordingly, we pass the following: Order (i). The writ appeal is disposed of. (ii). The order passed by the learned Single Judge is set aside. (iii). A direction is issued to the Joint Registrar of Co-operative Societies (Respondent No.4) to consider Ext.P9 petition filed by the petitioner dated 18-8-2007 in accordance with law, after affording an opportunity of being heard to the petitioner, the Bank, the Administrator and other persons who would be affected by the order that may be passed by the Joint Registrar of Co-operative Societies, while considering Ext.P9 petition. This exercise the Joint Registrar shall complete as expeditiously as possible at any rate within three months from the date of receipt of this Court's order. (8). With the above observations, the writ appeal is disposed of. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS