IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25289 of 2008(I) ------------------------------------- PETITIONER: ------------------- K.PAULOSE, KUNNAMPARAMBIL HOUSE, NEAR GUEST HOUSE, SULTHAN BATHERY. BY ADV. SRI.P.V.JYOTHI PRASAD. RESPONDENTS: ----------------------- 1. JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES OF THE JOINT REGISTRAR (GENERAL), KALPATTA, WAYANAD. 2. THE SULTHAN BATHERY TALUK CO-OPERATIVE ARTS COLLEGE, REPS: BY SECRETARY, SULTHAN BATHERY, WAYANAD. R1 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.25289 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 22nd day of August, 2008. JUDGMENT 1.Having regard to the nature of the orders being issued hereunder, notice to the second respondent is dispensed with preserving right to move for review of this judgment, if aggrieved. 2.Heard the learned counsel for the petitioner and the learned Senior Government Pleader. 3.Petitioner was dismissed from the service of the second respondent as per Ext.P2 dated 30-5-2008. He filed Ext.P4 appeal to the committee of that society on 23-6-2008. His complaint is that the said appeal is not being considered expeditiously and he accordingly seeks a direction to the first respondent Joint Registrar to consider Ext.P5 on the ground that Ext.P2 order of dismissal is WP(C)25289/2008 -: 2 :- contrary to the provisions of Ext.P3 Sub Rules and is essentially a case of victimization for the petitioner having initiated proceedings before the statutory authorities for removal of some of the committee members of the second respondent. Whatever be his contentions, his appeal is entitled to be taken up and considered by the committee of the society which, within the frame- work of the Kerala Co-operative Societies Act and Rules, is duty bound to do so within a reasonable time since the petitioner has been dismissed from service. In the aforesaid circumstances, it is directed that the committee of the second respondent society shall take up Ext.P4, give the petitioner an opportunity of hearing and dispose if off within an outer limit of 45 days from the date of receipt of a copy of this judgment. The Secretary of the second respondent will be duty bound to place Ext.P4 appeal for consideration of the committee of that society in accordance with law WP(C)25289/2008 -: 3 :- in conformity with this judgment. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/220808