IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER TUESDAY, THE 7TH OCTOBER 2008 / 15TH ASWINA 1930 W.A.No. 1993 of 2008 ---------------------------- (Against the judgment dated 3-9-2008 in W.P.(C)No.26595 of 2008) APPELLANTS / PETITIONERS: ------------------------------------------ 1. G.JESUDASAN, PRESIDENT, BOARD OF DIRECTORS, THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Q-373, SASTHAMCOTTA, KOLLAM DISTRICT. 2. A.HAMEEDKUTTY, MEMBER BOARD OF DIRECTORS THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Q-373, SASTHAMCOTTA, KOLLAM DISTRICT. 3. R.RADHAKRISHNAN NAIR, MEMBER BOARD OF DIRECTORS THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Q-373, SASTHAMCOTTA, KOLLAM DISTRICT. 4. K.KRISHNANKUTTY NAIR, MEMBER BOARD OF DIRECTORS THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Q-373, SASTHAMCOTTA, KOLLAM DISTRICT. 5. P.THANKACHAN, MEMBER BOARD OF DIRECTORS THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Q-373, SASTHAMCOTTA, KOLLAM DISTRICT. W.A.No. 1993 of 2008 :: 2 :: 6. KUNNATHOOR BALAN, MEMBER BOARD OF DIRECTORS THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Q-373, SASTHAMCOTTA, KOLLAM DISTRICT. 7. K.R.SYAMALA, MEMBER BOARD OF DIRECTORS THE SASTHAMCOTTA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD Q-373, SASTHAMCOTTA, KOLLAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT/ RESPONDENT: ------------------------------------------- JOINT REGISTRAR OF CO-OPERATIVES SOCIETIES (G) KOLLAM. SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1993 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of October 2008 JUDGMENT A.K.BASHEER, J. Appellants had filed the Writ Petition seeking to quash Exts.P2 and P4 notices issued by the Joint Registrar of Co-operative Societies under Section 32 of the Kerala Co-operative Societies Act, 1969 (for short 'the Act'). The other prayer in the writ petition was to issue a declaration that those notices were not in conformity with the statutory provisions contained in the Act. Learned Single Judge was not inclined to accept the above contentions raised by the appellants. The learned Judge took the view that since the appellants were entitled to raise all their contentions before the authority concerned in response to Ext.P4 notice, it was not proper to interfere with the matter and accordingly, the writ petition was disposed of giving such liberty to the appellants. 2. Impugning the above order passed by the learned Single Judge, it is contended by the learned counsel for the appellants that malafides are writ large on the face of Exts.P2 and P4 notices. It is further contended that the fact that the authority concerned had already decided to supersede the Committee as revealed from their part conduct ought to have been taken note of by the learned Judge. W.A.No.1993 OF 2008 :: 2 :: 3. We have carefully perused the entire materials available on record. It is not in dispute that the appellants have been asked to appear for hearing in response to the notice issued under Section 32(1) of the Act. Appellants may have an apprehension about the course of action that the respondents may take at the conclusion of the hearing. But as rightly noticed by the learned Single Judge, such an apprehension cannot be the basis for interference by this Court under Article 226 of the Constitution of India. 4. Moreover, appellants admittedly have a statutory remedy of appeal under the Act itself. That being the position, the appellants can avail of that remedy, if the Joint Registrar decides to supersede the committee. Appellants have, ofcourse, raised a contention that the statutory appeal may ultimately turn out to be only an emptily formality since the respondents by their part conduct have clearly indicated that the committee would be superseded. But such a plea based on assumptions cannot be countenanced. In that view of the matter, we do not find any reason to interfere with the orders passed by the learned Single Judge. 5. We make it clear that we have not considered the merit of any of the contentions raised by the appellants. It will be open to the appellants to raise all their contentions before the authority concerned at the time of hearing. W.A.No.1993 OF 2008 :: 3 :: Therefore, we are not inclined to entertain this Writ Appeal at this stage. Accordingly, it is dismissed. The Joint Registrar shall serve a copy of the order that may be passed by him pursuant to the hearing on the appellants forthwith. Writ appeal is dismissed. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes