IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WA.No. 1615 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.2754/2009 Dated 28/01/2009 .................... APPELLANT(S): PETITIONER IN WRIT PETITION ----------------------------------------- N.KARUNAKARAN NADAR, "SUBHA DEEPTHI",AMMAN NAGAR, KARAKULAM P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): RESPONDENTS -------------------------- 1. THE ASSISTANT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES,NEDUMANGAD, THIRUVANANTHAPURAM. 2. THE BOARD OF MANAGEMENT, ARUVIKKARA FARMERS CO-OPERATIVE BANK LTD.NO.603, ARUVIKKARA P.O.,THIRUVANANTHAPURAM. 3. THE ARUVIKKARA FARMERS CO-OPERATIVE BANK LTD.NO.603,ARUVIKKARA P.O.,THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 4. THE JOINT REGISTRAR, CO-OPERATIVE SOCIETIES (GENERAL), NEDUMANGAD,THIRUVANANTHAPURAM. ADVS. SRI.ELVIN PETER P.J. FOR R3 SRI.S.RAMESH FOR R3 GOVERNMENT PLEADER SMT. A.G. ANEETHA FOR R1 & R4 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1615 OF 2009 --------------------------------------------- Dated this the 9th day of October, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner. He approached this Court with the following prayers: i. Call for the records leading to Exts.P6 and P9, quash Ext.P9 by writ of certiorari or any other appropriate writ, direction or order; ii. Issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to consider Exhibit P8 forthwith; iii.Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to grant the arrears of subsistence allowance due to the petitioner. The learned Single Judge dismissed the Writ Petition without prejudice to the remedy, if any, available to the petitioner to approach the Tribunal constituted under Section 81 of the Kerala Co-operative Societies Act. W.A. NO. 1615/2009 2 2. When the Writ Appeal came up before this Court, the learned Government Pleader was directed to get instructions as to whether Ext.P8 was pending before the 4th respondent. The learned Government Pleader, on instruction, submits that in view of the long passage of time, she was not in a position to trace out the records. However, it is submitted that the 4th respondent has no objection to consider Ext.P8 since the same is made part of the records of the Writ Petition. In the above circumstances, the Writ Appeal is disposed of directing the 4th respondent to consider Ext.P8 and pass appropriate orders thereon in accordance with law, with notice to the petitioner and the third respondent. We make it clear that we have not expressed any opinion on the merits of the case and the entire contentions are left open. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1615/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.1615/2009 JUDGMENT 9th October, 2009