IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 7TH MARCH 2008 / 17TH PHALGUNA 1929 WP(C).No. 7864 of 2008(J) ------------------------- PETITIONER: ------------- K.A.APPACHAN, KURUDEMPARAMBIL HOUSE, THALAYOLAPARAMBU.P.O., VAIKOM, KOTTAYAM. BY ADV. SRI.P.P.JACOB RESPONDENTS: ---------------- 1. C.C.JOSEPH, NEERALATHIL HOUSE, KATTAMPAKKU P.O., KOTTAYAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM. 3. KADUTHURUTHY RUBBER MARKETING AND PROCESSING SOCIETY LTD.NO.1397, KADUTHURUTHY, KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR. R2 BY SENIOR GOVT. PLEADER, SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 7864 OF 2008 ----------------------------------- Dated this the 7th day of March, 2008 JUDGMENT Petitioner challenges Ext.P3 by which the Joint Registrar has decided that the petitioner is disqualified to continue as a member in the committee of a society, on ground referable to Section 28(2)(b) of the Kerala Co-operative Society Act and Rules. The petitioner contends that this is not a matter which falls within the Joint Registrar’s jurisdiction and still further that the finding in Ext.P1 is without any legal or factual basis. The petitioner has efficacious alternate remedy against Ext.P3 before the Government. If the petitioner moves the Government within two weeks from now, a final decision shall be taken within a period of four weeks from the date of receipt of a copy of this judgment and the representation whichever is later. Any recovery proceedings on the basis of the impugned order will stand suspended until then. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 6246 OF 2008 2 WPC No. 6246 OF 2008 3