IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 WA.No. 2001 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.904/2009 Dated 09/06/2009 .................... APPELLANT(S/PETITIONER): -------------- M.T.SHAJI, MALAMUNDAYIL,MANAKANDAM P.O., ERUNOOR ACRE, ADIMALI, IDUKKI. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S)/RESPONDENTS: --------------- 1. DEVIKULAM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.1-136,REP.BY ITS SECRETARY,POST BOX NO.4, ADIMALI,IDUKKI DISTRICT. 2. THE REGIONAL MANAGER, KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., REGIONAL OFFICE,IDUKKI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 2001 OF 2009 --------------------------------------------- Dated this the 17th day of September, 2009 JUDGMENT Kurian Joseph, J. The appellant is the petitioner. He approached this Court for a direction to the respondents to disburse the amount of loan sanctioned to him. It is submitted that despite the eligibility of the loan, the petitioner has been unjustly denied the eligible loan. The learned Single Judge dismissed the Writ Petition, ofcourse, referring to the factual background leading to the transaction. We do not think that this Court, in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India, should at the first blush go into such disputed questions of fact. It is for the appellant/petitioner to approach the Registrar who exercises supervisory control over the functioning of the Banks. Therefore, we dispose of the Writ Appeal as follows: In the event of the appellant invoking the supervisory jurisdiction of the Registrar within one month from today, the matter will be looked W.A. NO. 2001/2009 2 into by the said authority with notice to the appellant and the first respondent and a decision will be taken, in accordance with law, within another one month. In order to enable the appellant to work out the relief as above, the distress proceedings initiated pursuant to Ext.P8 will be deferred for a period of two months. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 2001/2009 3 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.A.NO.2001/2009 JUDGMENT 17th September, 2009