IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 W.A.No.1966 of 2008 ------------------------------------- AGAINST THE ORDER IN W.P.(C).NO.29879/2007-F, DATED 21/08/2008 .................... APPELLANT: PETITIONER:- ----------------------------------------- A. UNNIKRISHNAN, S/O.MAYYAN, AGED 58 YEARS, KUDAVANKODU VAYALIL HOUSE, PAAVANGAD, PUTHIYANGAD.P.O., CALICUT-21. BY ADV. SMT.SADHANA KUMARI ESWARI. RESPONDENTS: RESPONDENTS:- ---------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY. 2. THE REGISTRAR OF CO.OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE DIRECTOR, THE VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 4. THE JOINT REGISTRAR GENERAL, CO-OPERATIVE SOCIETIES, KOHZHIKODE. 5. KARANNOOR SERVICE CO-OPERATIVE BANK LTD., ELATTOOR.P.O., REPRESENTED BY ITS SECRETARY, KOZHIKODE. 6. BALAN.M.V., THE PRESIDENT, KARANNOOR SERVICE CO-OPERATIVE BANK LTD., ELATTOOR.P.O., KOZHIKODE. W.A.NO.1966 OF 2008 - 2 - 7. LAKSHMI, W/O.UMANATHAN, THE SECRETARY, KARANNOOR SERVICE CO-OPERATIVE BANK LTD., ELATTOOR.P.O., KOZHIKODE. R1 TO R4 BY SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA. R5 BY ADV.SRI.P.P.JACOB. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.Dattu,C.J. & A.K.Basheer,J. -------------------------------------------- W.A.No.1966 of 2008 -------------------------------------------- Dated, this the 10th December, 2008 JUDGMENT H.L.Dattu,C.J. This Writ Appeal is directed against the interim orders passed by the learned Single Judge in W.P.(C).No.29879 of 2007, dated 21.8.2008. (2) Even before deciding the prayers sought for by the petitioner in the writ petition, the learned Single Judge has ordered the petitioner to deposit a sum of Rupees One Lakh or in the alternative, to furnish security for the aforesaid sum, during the pendency of the writ petition, by way of costs. (3) In our view, the learned Single Judge may not be justified in directing the petitioner to deposit the cost even before the disposal of the writ petition. If, for any reason, the learned Single Judge comes to the conclusion, that, the assertions and the allegation made by the petitioner in the writ petition is frivolous, while disposing of the writ petition the learned Single Judge may award costs to the respondents. (4) In the instant case, even before the disposal of the writ petition, the learned Single Judge has directed the petitioner to deposit certain amounts by way of costs. This, in our opinion, is impermissible. W.A.No.1966 of 2008 2 - Therefore, the orders passed by the learned Single Judge requires to be set aside. (5) Accordingly, we pass the following: Order (i) Writ Appeal is allowed. (ii) The order passed by the learned Single Judge in W.P.(C). No.29879 of 2007, dated 21.08.2008, is set aside. Ordered accordingly. H.L.Dattu Chief Justice A.K.Basheer vku/dk Judge