IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WA.No. 286 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.928/2009 Dated 15/01/2009 .................... APPELLANT: PETITIONER ------------------------ SURENDRAN, VEERASSERI, THARAYIL, KAYAMKULAM VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.S.MOHANAN RESPONDENTS: RESPONDENTS -------------------------- 1. THE SECRETARY, KARTHIKAPPALY TALUK, CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK, KARTHIKAPPALLY, HARIPPAD. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, AGRICULTURAL AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------- W.A.No.286 of 2009 -------------------------------------------------- Dated this the 6th day of February, 2009 JUDGMENT Kurian Joseph,J. Appellant is the writ petitioner. Appellant is aggrieved since despite settling the loan liability to the first respondent Co- operative Society, the documents have not been returned. The learned single Judge dismissed the writ petition holding that no writ will lie in such matters. According to the learned counsel for the appellant, it is a statutory duty cast on the Co-operative Society to return the documents when the loan liability has been settled. It is for the appellant-petitioner to invoke the supervisory jurisdiction of the Registrar in which case the matter can be looked into with notice to the Society also. Therefore, we dispose of the appeal, setting aside the judgment under appeal and directing the appellant to make a representation before the Joint Registrar of Co-operative Societies, Alappuzha, in which case the said authority will consider the representation with notice to the petitioner and any other affected party and take W.A.No.286 of 2009 -:2:- appropriate action thereon within another two months. We make it clear that in that view of the matter we are not considering the appeal on merits and hence all the contentions are left open. (KURIAN JOSEPH, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) ahg. KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. --------------------------- W.A.No.286 of 2009 ---------------------------- JUDGMENT 6th February, 2009