IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND FEBRUARY 2009 / 13TH MAGHA 1930 WP(C).No. 23681 of 2008(T) -------------------------------------- PETITIONER: ------------------- K.P.SINDHU, PEON, MARUTHONKARA PANCHAYATH SERVICE CO-OP.BANK LTD.NO.D 2461, ADUKKATH POST, KOZHIKODE DISTRICT. BY ADV. MR. M.SASINDRAN. RESPONDENTS: ----------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE. 2. THE MARUTHONKARA PANCHAYATH SERVICE CO-OP.BANK LTD.NO.D 2461, ADUKKATH POST, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. 3. SURESH KALLAMKOTTUNKAL, KALLAMKOTTUKKAL HOUSE, KAVILUMPARA, KOZHIKODE DISTRICT. R1 BY GOVT. PLEADER MR. I.V. PRAMOD, R2 BY ADV. MR.T.A.SHAJI , R3 BY ADV. MR.GEORGE POONTHOTTAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23681/2008-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE INTIMATION REGARDING THE WRITTEN TEST SCHEDULED ON 24/09/2005. EXT.P.2: COPY OF THE COMMUNICATION DTD. 13/01/2006 INTIMATING THE INTERVIEW SCHEDULED ON 24/09/2005. EXT.P.3: COPY OF THE MARK LIST OF CANDIDATES APPEARED FOR THE WRITTEN TEST. EXT.P.4: COPY OF THE MINUTES OF THE MEETING OF THE COMMITTEE DTD.06/06/2007. EXT.P.5: COPY OF THE DECISION OF THE SUB COMMITTEE REFERRED TO EXHIBIT.P.4. EXT.P.6: COPY OF THE ORDER DTD. 10/07/2007 APPOINTING THE PETITIONER TO THE POST OF PEON. EXT.P.7: COPY OF THE COMPLAINT DTD. 27/12/2007 FILED BY THE R.3. BEFORE THE R.1. EXT.P.8: COPY OF THE STATEMENT FILED BY THE ERSTWHILE PRESIDENT OF THE SOCIETY DETAILING THE ALLEGATIONS. EXT.P.9: COPY OF THE ORDER DTD. 17/07/2008 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.23681 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 2nd day of February, 2009. JUDGMENT 1.The petitioner was appointed as a Peon in the second respondent co-operative bank. The third respondent complained against it. Following an enquiry, it was found by the Joint Registrar that there were interpolations in the minutes book. Severe criticism is levelled against the sub committee members and also even regarding the manner of despatch of notices for the interview. Certain postal articles are also alleged as interpolated. These allegations led to a consideration and decision on 17-7-2008. That is the impugned Ext.P9. 2.To exclude the controversies, I required the second respondent to make available its records. A perusal of that will show that the findings in WP(C)23681/2008 -: 2 :- Ext.P9, on merits, are not those which could be criticized as wholly unavailable on the records. Under such circumstances, this Court is not to extend its jurisdiction and interfere with the situation on grounds of injustice. Hence, this writ petition is dismissed without prejudice to the right, if any, of the petitioner to seek other reliefs in accordance with law before competent statutory authority. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/100209