IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 30TH JUNE 2008 / 9TH ASHADHA 1930 WP(C).No. 19197 of 2008(I) -------------------------- PETITIONER: ------------ 1. M. ARAVINDAKSHNA NAIR, S/O.V. GOPALAN NAIR, BUILDING NO. VI/249 (NEW NOW. VI/275), NEAR C.T.O, AANAVATHIL, KOCHI-02. 2. B.S. RAMESH, X/194 (NEW NO.X/201), J.D NORTH STREET, FORT KOCHI, KOCHI-01. 3. URUSLA LENIN, KALLIYATH HOUSE, BUILDING NO. XVII/1204, MUDAMVELI, KOCHI-07. 4. A.P. KALYANASUNDARAM, VI/1158, (NEW NO. VI/1209), KOTTUKULAM ROAD, KOCHI-02. BY ADV. SRI.N.HARIDAS SRI.P.N.SASIDHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF KERALA, TRIVANDRUM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. 4. DEPUTY GENERAL MANAGER, RESERVE BANK OF INDIA, URBANS BANKS DEPARTMENT, TRIVANDRUM-33. 5. MATTANCHERY MAHAJANIK CO-OPERATIVE UBRAN BANK LTD., NO. 665, P.O. BOX NO. 304, PALLIARAKKAVU ROAD, KOCHI-02, REP. BY ITS GENERAL MANAGER. R1 TO R3 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19197 OF 2008 ------------------------------------------- Dated this the 30th day of June, 2008 JUDGMENT In view of the last sentence of paragraph 20 of the writ petition, learned senior Government Pleader was requested to obtain instructions. It is stated today by her that the fact remains that the petitioner was not given an opportunity of pre- decisional hearing before issuing the order on the stay petition and that the competent authority will extend an opportunity of hearing. This is recorded and it is directed that the petitioner, through counsel, will be given an opportunity of hearing by the appropriate officer in the Government, which is the appellate authority, and until such consideration, further enforcement of the order impugned in the appeal before the Government will stand suspended. Having regard to the nature of the findings and the quality of proceedings, I deem it appropriate that the Secretary to the Government of Kerala, in the Department of Co- operation hears the matter rather than relegating the hearing to WPC.19197/08 Page numbers any other officer. It is so directed. The writ petition ordered accordingly, leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.30/6.