IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 36210 of 2007(I) -------------------------------------- PETITIONERS: --------------------- 1. VIPIN, MEMBER NO.756, VIDYA BHAVAN, CHEMMAKKAD, PERINAD. 2. CHANDRAN, MEMBER NO.801, NIZHALAYAM, KOTTAKKAKAM, PERINAD. 3. JAYAPRAKASH, MEMBER NO.702, PUTHUVEEDU, PERUMON. BY ADV. SRI.P.N.MOHANAN. RESPONDENTS: ------------------------ 1. PERINAD COCONUT PROCESSING & MARKETING CO-OP.SOCIETY LTD. NO.Q47, PERINAD P.O., KOLLAM, REPRESENTED BY ITS ADMINISTRATOR/ SECRETARY. 2. JOINT REGISTRAR OF CO-OP.SOCIETIES (GENERAL), KOLLAM. 3. RETURNING OFFICER/UNIT INSPECTOR, PERINAD COCONUT PROCESSING & MARKETING CO-OP.SOCIETY LTD.NO.47, PERINAD P.O., KOLLAM/UNIT INSPECTOR, PERINAD UNIT, OFFICE OF THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. R1 BY ADVS. SRI.P.K.VIJAYAMOHANAN, SRI.GILBERT GEORGE CORREYA, SRI.NISHIL.P.S. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36210/2007-I: J U D G M E N T Counsel for the petitioner submits that this Writ Petition has become infructuous. This Writ Petition is accordingly dismissed as infructuous. 18/05/2010. SD/- K. SURENDRA MOHAN, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.36210 of 2007-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of December, 2007. O R D E R The learned Government Pleader submits, on instructions, that the 210 persons mentioned in the writ petition are those who were given membership on two days and that applications are pending before the competent authority to rescind the resolution of the committee then in office giving membership to them. Obviously, this means that those persons are members of the society, though the resolution granting them membership is a matter pending consideration before the competent authority. Therefore, prima facie, I am satisfied that as on the relevant date for the purpose of election, they are entitled to vote. Under such circumstances, there will be an interim order directing the respondents to ensure WP(C)36210/07 -: 2 :- that those persons are included in the voters' list provisionally and they are permitted to vote, however retaining their votes in a separate ballot box. Their votes will also be counted and results declared provisionally and subject to further orders. H/O. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/