IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 27880 of 2008(R) --------------------------------------- PETITIONER: ------------------- HARIKUMAR E.D., ERUMELIL KAROTTU, LAKKATTOOR, KOTTAYAM. BY ADV. SRI.K.GOPALAKRISHNA KURUP, ADV. SRI.S.MANU. RESPONDENTS: ----------------------- 1. THE KOOROPPADA SERVICE CO-OPERATIVE BANK, KOOROPPADA, KOTTAYAM, REP. BY IT'S SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, GENERAL, KOTTAYAM. R2. BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. Thottathil B. Radhakrishnan, J. ===================================== W.P.(C)Nos.27880 & 27888 of 2008 ===================================== Dated this the 19th day of September, 2008. JUDGMENT These two matters relate to the same co- operative bank. Petitioners availed certain loans. They claim that they are entitled to be listed as beneficiaries of the Debt Relief Scheme. That claim has been negatived by the bank. Having regard to the peculiar facts and circumstances, claims and contentions, it is directed that the second respondent Joint Registrar will decide on the contentions of the petitioners and the contention of the first respondent that the loans were availed from the funds of the society and not from NABARD funds. In view of that issue arising for decision, it is directed that the Joint Registrar shall decide the issue, notwithstanding the finality of the decision of the Grievance Redressal Officer, going by the terms of the WPCNOS.27880&27888/08 -:2:- Scheme. This judgment is so issued only to enable the petitioners to arrive at a reasonable decision at the hands of the statutory authorities under the Kerala Co-operative Societies Act with liberty to challenge the impugned decision later on, if necessary. Let this be done within a period of three weeks from the date of receipt of a copy of this judgment and the copies of the writ petitions. Writ petitions are disposed of accordingly. Thottathil B.Radhakrishnan, Judge. sl.