IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 15TH OCTOBER 2009 / 23RD ASWINA 1931 WA.No. 2297 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.28953/2009 Dated 14/10/2009 .................... APPELLANT(S): RESPONDENTS IN THE WPC ------------------------------------ 1. THE JOINT REGISTRAR OF CO-OP SOCIETIES (GENERAL), ALAPPUZHA. 2. THE UNIT INSPECTOR OF CO-OP SOCIETIES, KAVALAM, KUTTANAD, ALAPPUZHA. 3. GOVERNMENT OF KERALA, REP.BY ITS SECRETARY, CO-OPERATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR RESPONDENT(S): PETITIONERS IN THE WPC ------------------------------------- 1. K.M.MATHEW, KALATHIL, NELLAMPEROOR PO, ALAPPUZHA. 2. K.HARIDAS, EZHAMPOKKAL, NELLAMPEROOR PO, ALAPPUZHA. 3. JOJO GEORGE, PATTARKALAM, ERA PO, ALAPPUZHA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 15/10/2009 AND THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR,JJ ------------------------------------------ W.A. No.2297 of 2009 -------------------------------- Dated this the 15th day of October,2009 JUDGMENT Kurian Joseph.J The writ appeal is filed by the State and the other respondents in the writ petition aggrieved by the interim Order dated 14/10/2009. As per the said interim Order further proceedings pursuant to Exts.P3 and P8 were stayed. As per Ext.P3 the Joint Registrar of Co-operative Society, the first appellant passed the order under section 32 of the Kerala Co- Operative Societies Act, superceded the elected committee of the co-opeative society. The said order was confirmed in appeal before the Government by Ext.P8.The main contention of the Government Pleader is that the order has already taken effect on 13/10/2009 and suppressing that only, the writ petition was filed and the said fact was not taken note of by the learned single judge. The learned counsel for the petitioner on the other hand submits that the order in appeal was served on the writ petitioners only on 14/10/2009 and there was no suppression. We do not think that we should go into those contentions, in the W.A. No.2297 of 2009 2 nature of the order we propose to pass in the writ appeal. The interim Order is dated 14/10/2009. According to the appellant the impugned order has already taken effect on 13/10/2009.If that be so it is for the appellants to bring the same to the notice of the learned single judge and seek appropriate modification. Without prejudice to such liberty, the writ appeal is dismissed. KURIAN JOSEPH, JUDGE C.T.RAVIKUMAR,JUDGE ssn