IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 WP(C).No. 2119 of 2011(L) ------------------------- PETITIONER(S): --------------- T.S.SHAJI, THAKIDIKKAL HOUSE, ERATTAYAR NORTH, IDUKKI DISTRICT,PIN-685514. BY ADV. SRI.V.RAJENDRAN RESPONDENT(S): --------------- 1. THE SANTHIGRAM SERVICE CO-OPERATIVE BANK LTD.NO.K280, REPRESENTED BY ITS SECRETARY, SANTHIGRAM P.O., IDUKKY DISTRICT, PIN-685514. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), IDUKKY AT PAINAVU, IDUKKY DISTRICT-685603. 3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SRI.M.A.ASIF ADV. SRI.P.C.SASIDHARAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2119/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE CERTIFICATE DTD 16.2.2010 OF THE 1ST RESPONDENT EXT.P2. COPY OF THE LETTER DTD 1.3.2010 OF THE 1ST RESPONDENT EXT.P3. COPY OF THE ORDER DTD 25.11.2010 OF THE 2ND RESPONDENT EXT.P4. COPY OF THE ORDER DTD 20.12.2010 OF THE 1ST RESPONDENT EXT.P5. COPY OF THE NOTIFICATION DTD 29.12.2010 OF THE 1ST RESPONDENT EXT.P6. COPY OF THE RESOLUTION DTD 14.1.2011 OF THE 1ST RESPONDENT EXT.P7. COPY OF THE GOVT. ORDER DTD 2.8.2010 /TRUE COPY/ PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 2119 OF 2011 -------------------------- Dated this the 11th day of March, 2011 J U D G M E N T The petitioner who is working as a deposit collection agent of the first respondent bank from 10.3.1998 onwards has filed this writ petition for an order directing the State of Kerala to exempt the first respondent bank from the provisions of rule 183(1) of the Kerala Co- operative Societies Rules in so far as it relates to the upper age limit for appointment in the bank in accordance with law for the purpose of enabling the bank to consider the petitioner's application for appointment to the category of Peon. When the writ petition came up for admission on 21.1.2011, this Court while ordering notice to the respondents passed an interim order, which reads as follows: “Admit. Learned Standing Counsel takes notice for the 1st respondent . Issue urgent notice returnable in ten days to other respondents. There will be an interim order directing the 1st respondent to provisionally accept the petitioner's application if any, submitted pursuant to Ext.P5 notification. The petitioner shall not however be appointed without obtaining the orders of this Court. The 3rd respondent shall, if an application for exemption has been received from the 1st respondent bank along with a copy of Ext.P6 resolution, consider th same and take an appropriate decision thereon expeditiously and in any event within two months from today.” WPC No.2119/2011 2 2. The first respondent bank has filed I.A No.4241 of 2011 wherein it is stated that pursuant to the interim order passed by this Court, the Government considered the application for exemption submitted by the bank and passed an order on 22.2.2011 granting exemption from the upper age limit. It is also stated that in view of the order of exemption, the bank has considered the petitioner as a candidate eligible for selection. In such circumstances, the petitioner cannot have any subsisting grievance. The writ petition is accordingly closed as infructuous. P.N.RAVINDRAN, (JUDGE) vps WPC No.2119/2011 3 WPC No.2119/2011 4