IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11747 of 2009(K) -------------------------- PETITIONER(S): --------------- G SUGUNAN, S.L.BHAVAN MUTHUKULANGARA P.O. NEDUMANGAD, THIRUVANANTHAPURAM DIST. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 2. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LTD. NO.T.383, NEDUMANGAD, THIRUVANANTHAPURAM, REP, BY ITS PART TIME ADMINISTRATOR. BY GP K C SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 11747 OF 2009 ............................................ DATED THIS THE 7TH DAY OF APRIL, 2009 JUDGMENT The petitioner is the President of the Committee that was found to have lost its quorum consequent on the resignation of few members of the committee headed by the petitioner. The matters came to this court and by Ext.P5, issued at the instance of the petitioner and two others namely, Sri Arjunan and Sri Haridas, it was directed that the Joint Registrar is to decide on the issue, particularly when there were allegations as to whether resignation letters were genuine or whether they were fabricated documents. Pursuant to that order, Ext.P11 has been issued on 16.2.2009 by the Joint Registrar, concluding that the resignations were duly made and the committee has lost its quorum. While the petitioner challenges that order, as of now, the persons whose resignation letters provided the basis for the impugned decision, are not before this court. Not only that, the issue in hand is a mixed question of law and fact and it is not proper for this court to embark on an adjudication on those issues, WP(C) 11747/2009 2 particularly when the petitioner has alternate efficacious remedy by way of appeal or revision, as the case may be, before the government. Under such circumstances, it is ordered that if the petitioner moves the competent authority, in the government against the impugned Ext.P11, the same will be considered in accordance with law. As of now, following Ext.P5 judgment, there will be a further direction that part time Administrator shall not do anything in the administration of the society except carrying out day to day activities, until a decision is taken by the government in terms of what is stated above. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/7/4