IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WA.No. 2466 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.18617/2009 Dated 13/07/2009 .................... APPELLANT(S): -------------- EDACHERI CO-OPERATIVE RURAL HOUSING SOCIETY LTD., NO. F1790, EDACHERI P.O., KOCHIKOZA. REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.G.ARUN RESPONDENT(S): --------------- 1. K KARTHIYAYANI AMMA, W/O. LATE DAMODARA KURUP, KIZHAKKAYIL, IRINGANNUR AMSOM,, VADAKARA TALUK, KOZHIKODE. 2. ASST. REGISTRAR (G), OFFICE THE ASST. REGISTRAR CO-OP. SOCIETIES, VADAKARA, KOZHIKODE. 3. THE JOINT REGISTRAR OF CO-OP SOCITIES, KOZHIKODE. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,OFFICE THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURM. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.2466 of 2009 ----------------------------------------- Dated this the 7th day of December, 2009 JUDGMENT Kurian Joseph,J. The appellant is the first respondent in the writ petition. The writ petition was filed praying for the benefit of circular No.5/2009. According to the appellant society the said circular No.5/2009, is only a clarification to the circular No.1/2009. It was not applicable to the housing societies which have different schemes. The learned single judge however has not gone into that question of applicability of the circulars. The writ petition was disposed of directing the society to look into the application in the light of the circular No.5/2009. 2. In view of the contentions taken by the society that circular itself is not applicable, the learned counsel appearing for the petitioner submits that since the writ petitioner has already approached the Registrar as per Ext.P5, the said authority may be directed to look into the W.A.No.2466 of 2009 2 matter with a further direction to extend the benefits available to the petitioner for the relevant time. Therefore the writ appeal is disposed setting aside the judgment of the learned single judge and directing the Registrar to look into Ext.P5 application and to pass appropriate orders within a period of 3 months from the date of receipt of the copy of judgment along with a copy of appeal. Recovery will be deferred till a decision is taken by the Registrar, on condition that first respondent pays an amount Rs.25,000/- (Rupees Twenty Five Thousand only) within three weeks. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ssn