IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WA.No. 660 of 2007() -------------------- AGAINST THE JUDGEMENT IN WPC.34130/2005 Dated 15/02/2007 .................... APPELLANT(S): -------------- 1. PAUL.P.K., S/O.P.O.KUNJUVAREED,AGED 42, PAREKADON HOUSE, KORATTY EAST.P.O, TRICHUR DISTRICT. 2. T.J.SUNNY, S/O.T.P.JOSEPH, AGED 32 YEARS R/AT. THANNIKKOTT HOUSE, KUMBALAM P.O., KOCHI-682 506. BY ADV. SRI.K.P.SREEKUMAR SRI.K.CHANDRACHOODAN (ERNAKULAM) SMT.K.USHA RESPONDENT(S): --------------- 1. V.MOHAMMED JAMAL, SECRETARY, FACT MSHCC SOCIETY NEW HOUSING COLONY MEMBERS ASSOCIATION, BUILDING NO.389/WARD II, SANTHINAGAR ANNEXE, RAJAGIRI.P.O, KALAMASSERY, ERNAKULAM DISTRICT. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., KERALA CO-OP. DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OP. SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM. 4. THE JOINT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), ERNAKULAM. 5. UNIT INSPECTOR, MARADU, O/O.THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES, KANAYANOOR, VALANJAMBALAM, ERNAKULAM. WA.660/07 2 6. THE FACT MANAGERIAL STAFF HOUSE CONSTRUCTION CO-OP. SOCIETY LTD.NO.E.243, R/BY ITS SECRETARY, SANTHINAGAR ANNEX, RAJAGIRI.P.O, SOUTH KALAMASSERY, PIN-683 104. 7. SUDARSAN CLAY AND CERAMICS LIMITED (STANDARAD POTTERIES COMPANY), R/BY ITS DIRECTOR, T.MURUGAN, SUDARSAN BUILDING, CHAKKORATHUKULAM, KOZHIKODE-673 011. 8. FACT MAHCC SOCIETY HOUSING COLONY MEMBERS ASSOCIATION, BUILDING NO.389/WARD II, SANTHINAGAR ANNEXE, RAJAGIRI P.O., KALAMASSERY, ERNAKULAM DISTRICT-683 104. 9. T.P.MURALEEDHARAN, CHIEF EXECUTIVE OFFICER, SAFE CARE ASSOCIATES, 3RD FLOOR, NORTH SQUARE, PARAMARA ROAD, COCHIN-18, AND DIRECTOR, SUDARSAN CLAY & CERAMICS LTD., COCHIN-18. 10. M/S.SAFE CARE ASSOCIATES, 3RD FLOOR, NORTH SQUARE, PARAMARA ROAD, COCHIN-18. 11. BRANCH MANAGER, FEDERAL BANK, BANERJI ROAD, ERNAKULAM-682 018. 12. BRANCH MANAGER, FEDERAL BANK, PANAMPILLY NAGAR, ERNAKULAM-682 016. R1 BY ADV. SRI.INNOCENT FRANCIS PAPALI R2 TO R4 BY SPL. GOVT. PLEADER SMT.ANU SIVARAMAN R6 BY SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.P.B.KRISHNAN SRI.A.M.SHAFEEQUE R7, R9 BY SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/05/2010, ALONG WITH WA NO.664 OF 2007 AND WA NO.738 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------- W.A.Nos.660, 664 & 738 OF 2007 ------------------------------------------- Dated this the 25th day of May, 2010 JUDGMENT Thottathil B.Radhakrishnan, J. 1.These writ appeals are by two persons, one P.K.Paul and one T.J.Sunny. They filed W.P(C).31927/05 seeking a direction to the statutory officers in the co-operative department to have an enquiry conducted into certain transactions and functioning of the FACT Managerial Staff House Construction Co-operative Society Ltd, hereinafter, the 'society', for short. They were respondents 7 and 8 in W.P(C).34130/05 from which W.A.660/07 arises. They were respondents 4 and 5 in W.P(C).29409/05 from which W.A.738/07 arises. The afore- mentioned three writ petitions were disposed of by learned single Judge as per a common judgment dated 15.2.2007. WA.660/07 & con. Cases. 2 2.In an earlier round, the appellants had filed a writ petition that led to the directions being issued as per the judgment dated 2.7.2004 in W.P(C).19511/04 ordering an enquiry. It is that enquiry report that became the subject matter of W.P(C). 34130/05 and W.P(C).29409/05 at the instance of the society or its secretary which, in turn, has given rise respectively to W.A.660/07 and 778/07. 3.With the passage of time, when this matter is taken up today, it is pointed out that following the directions contained in the judgment appealed against, the enquiry has been completed purportedly in terms of the directions therein, though the learned counsel for the appellants submits that the so called enquiry has been held behind the back of the appellants and they were not heard in the matter. Sr.Adv.Sri.P.Santhalingam, learned counsel appearing on behalf of the society, points out that yet another W.A.788/07 filed against the common judgment, arose from a different matter, touching the enquiry in question and the transactions WA.660/07 & con. Cases. 3 which form the subject matter of the litigation has been dismissed by another Division Bench on 29.5.2007. Having heard learned counsel for parties, we are satisfied that it would be a futile exercise to go further into the merits of the rival claims and all that has to be preserved is the right of the appellants, if any, to challenge any further action or report that has followed pursuant to the judgment impeached in these writ petitions. Preserving such rights, these writ appeals are dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. Sd/- S.S.SATHEESACHANDRAN, Judge. kkb.31/05.