IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 27587 of 2007(H) -------------------------- PETITIONERS: --------------- 1. P.PANKAJAM, W/O. LATE M.T.RAMANKUTTY, (SENIOR CLERK, TANUR SERVICE CO-OPERATIVE BANK LIMITED), MANNAMTHODIYIL HOUSE, TANUR P.O., TIRUR, MALAPPURAM DISTRICT. 2. M.VIBEESH KUMAR, S/O. LATE M.T.RAMANKUTTY, MANNAMTHODIYIL HOUSE, TANUR P.O., TIRUR, MALAPPURAM DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN SMT.RESMI G. NAIR SRI.NISHIL.P.S. RESPONDENTS: ----------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM. 2. THE TANUR SERVICE CO-OPERATIVE BANK LTD.NO.F. 1629, TANUR P.O., TIRUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 3. THE BOARD OF DIRECTORS OF THE TANUR SERVICE CO-OPERATIVE BANK LTD.NO.F. 1269, TANUR P.O., MALAPPURAM, REPRESENTED BY ITS PRESIDENT. R2 BY ADV. SRI.K.V.SABU R1 BY GOVERNMENT PLEADER, SMT.M.K.PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 27587 OF 2007 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER NO.CRP(2)/2311/03 DT.13.08.03 OF THE 1ST RESPONDENT. EXT.P2 : TRUE COPY OF THE ORDER GO(Rt)NO.384/05/CO-OP. DT.24.06.05. EXT.P3 : TRUE COPY OF THE REPRESENTATION DT.12.10.03 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P4 : TRUE COPY OF THE APPLICATION DT.12.07.04 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5 : TRUE COPY OF THE COMMUNICATION DT.20.12.05 TO THE LAWYER NOTICE. EXT.P6 : TRUE COPY OF THE REPRESENTATION DT.30.08.07 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. /TRUE COPY/ PA TO JUDGE. THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 27587 OF 2007 ----------------------------------- Dated this the 18th day of February, 2008 JUDGMENT The petitioners' complaint is that respondents 2 and 3 are not complying with the directions of the 1st respondent as contained in Ext.P1, dt.13.08.03 and as confirmed by the Government, on 24.06.05, in appeal. Having regard to the nature of the matter in relation to which those orders are issued, it is unfortunate that the enforcement of those decisions have not yet been complied with. Under such circumstances, the 1st respondent is directed to ensure that Ext.P6 is taken up and appropriate action is taken to ensure that respondents 2 and 3 obey the directions in Exts.P1 and P2 or otherwise to face statutory consequences. The claim under Rule 188 A for compassionate appointment of second petitioner will also be considered. Appropriate decision shall be taken within a period of two weeks of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 27587 OF 2007 2 WPC No. 27587 OF 2007 3