IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 28160 of 2007(B) ---------------------------------------- PETITIONER: ---------------------- NIXON N.C., NERAPARAMBAN HOUSE, KALLETTUMKARA P.O., TRICHUR-680 683. BY ADV. SRI.KURIAN GEORGE KANNAMTHANAM (SR.) SRI.THOMAS GEORGE RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION (C), SECRETARIAT, TRIVANDRUM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. 3. THE KALLETTUMKARA SERVICE CO-OPERATIVE BANK LTD. 141, REPRESENTED BY THE SECRETARY, KALLETTUMKARA-680 683, THRISSUR DISTRICT. 4. P.DINESH, PALACKAL VEEDU, THAZHEKKATTU, KALLETTUMKARA P.O. -680 683. BY GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN, R1 & R2 BY ADV. SRI.V.G.ARUN ) SRI.T.R.HARIKUMAR ) R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28160/2007 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF NOTIFICATION DTD. 16/03/2005 PUBLISHED IN MALAYALA MANORAMA DAILY PAPER DTD. 23/03/05. EXT.P2: COPY OF RANK LIST PUBLISHED BYTHE 3RD RESPONDENT BANK. EXT.P3: COPY OF THE MINUTES OF THE RESOLUTION DTD.20/09/06 PASSED BY THE 3D RESPONDENT. EXT.P4: COPY OF THE MINUTES OF THE RESOLUTION DTD. 20/09/06 ..DO.... EXT.P5: COPY OF THE APPLICATION DTD. 21/11/06 FILED UNDER SECTION 176 OF THE KERALA CO-OP.SOCIETIES RULES. EXT.P6: COPY OF JUDGMENT DTD. 21/11/06 IN WP(C) NO. 30611/06 OF THIS HON.COURT. EXT.P7: COPY OF OBJECTION DTD. 9/02/2007 OF THE BANK. EXT.P8: COPY OF OBJECTION DTD. 21/02/207 OF THE 4TH RESPONDENT. EXT.P9: COPY OF REJOINDER DTD. 23/03/2007 FILED BEFORE THE 2ND RESPONDENT. EXT.P10: COPY OF ADVERTISEMENTS REGARDING THE FINANCIAL POSITION APPEARED IN THE MALAYALA MANORAMA DTD. 9/11/06. EXT.P11: COPY OF ..DO... APPEARED IN THE VACHANAM. EXT.P12: COPY OF ORDER DTD. 23/05/07 PASSED BY THE 2ND RESPONDENT. EXT.P13: COPY OF APPEAL DTD. 3/06/07 FILED BEFORE THE 1ST RESPONDENT. EXT.P14: COPY OF CHALLAN RECEIPT IN RESPECT OF THE FEES REMITTED FOR THE APPEAL PETITION BEFORE THE 1ST RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28160 OF 2007 ------------------------------------------- Dated this the 6th day of February, 2008 JUDGMENT Heard learned counsel for the petitioner, learned counsel for the 4th respondent, as also learned Government Pleader. 2. The petitioner applied for being considered for appointment in the service of third respondent as a junior clerk. The 4th respondent, a feeder category employee was, however, promoted. The petitioner filed a an application invoking Section 176 of the Kerala Co-operative Societies Rules, 1969. That has been rejected by the second respondent Joint Registrar. The petitioner, therefore, filed Ext.P13 statutory appeal against that decision. Without expressing anything on merits, this writ petition is disposed of directing that the first respondent shall take up Ext.P13 and dispose it of within an outer limit of two months from the date of receipt of a copy of this judgment, without fail, WPC.28160/07 Page numbers having regard to the fact that the select list is due to expire. The petitioner, the 4th respondent as also the Bank shall be given opportunity of hearing. All other questions are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.