IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 15237 of 2004(L) ------------------------------------- PETITIONER: ---------------- THANKAMMA JOHN, PENATTEL HOUSE, PAMPAKUDA, A.N.M., KOOTHATTUKULAM CO-OPERATIVE HOSPITAL SOCIETY LTD., KOOTHATTUKULAM. BY ADV. SRI.P.P.JACOB RESPONDENTS: ---------------------- 1. BOARD OF DIRECTORS OF THE KOOTHATTUKULAM CO-OPERATIVE HOSPITAL SOCIETY LTD.NO.E.303, KOOTHATTUKULAM, REP. BY ITS PRESIDENT. 2. THE KOOTHATTUKULAM CO-OPERATIVE HOSPITAL SOCIETY LTD.NO.E.303, KOOTHATTUKULAM, REP. BY ITS SECRETARY. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MOOVATTUPUZHA. R3 BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN R1, R2 BY ADV. SRI.T.R.HARIKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).15237/2004-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF CIRCULAR NO.15/97 DATED 30/04/97 ISSUED BY REGISTRAR OF CO- OP. SOCIETY. EXT.P2: COPY OF THE RESOLUTION OF THE 1ST RESPONDENT DATED 13/01/96. EXT.P3: COPY OF THE ORDER ISSUED BY 3RD RESPONDENT DATED 09/10/96 TO THE SOCIETY. EXT.P4: COPY OF JUDGMENT IN O.P.13742/97 DATED 12/01/98. EXT.P5: COPY OF THE ORDER DATED 18/03/98 ISSUED BY 3RD RESPONDENT. EXT.P6: COPY OF THE JUDGMENT IN O.P.10203/98 DATED 21/01/99. EXT.P7: COPY OF APPEAL MEMORANDUM IN W.A.808/99 DATED 02/03/99. EXT.P8: COPY OF JUDGMENT IN W.A.808/99 DATED 12/11/03. EXT.P9: COPY OF ORDER ISSUED BY 3RD RESPONDENT DATED 30/04/2004. EXT.P10: COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 06/10/97. EXT.P11: COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 03/06/98. EXT.P12. COPY OF THE CALCULATION STATEMENT FILED BUY THE FIRST RESPONDENT IN W.A. NO.808/99. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.15237 of 2004-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT Ext.P5 in this case fell for the consideration by this Court, as Ext.P3 in Exts.P6 and P8 judgments. This Court noticed in Ext.P8 judgment rendered in the writ appeal that Ext.P3 (Ext.P5 herein) is final and binding on the appellants therein, the establishment. That writ appeal was disposed of as per Ext.P8 judgment directing that the Assistant Registrar shall decide the actual amount due to the petitioner and in the interregnum, the society will pay an amount of Rs.10,000/- to her. In working out the directions contained in Ext.P8, it is impermissible for the authorities to re-open the correctness of Ext.P3 therein (Ext.P5 herein). I am also not impressed by the stand taken in the counter affidavit of the official respondent that there was an error WP(C)15237/2004 -: 2 :- in Ext.P5 and hence the issuance of Ext.P9. This is clearly impermissible since Ext.P3 (Ext.P5 herein) had merged in Ext.P8 judgment and Ext.P9 proceeds as if the issues are being reopened. For the foregoing reasons, this writ petition is allowed quashing Ext.P9 and the third respondent is directed to give effect to Ext.P8 judgment making the calculations directed therein on the basis of Ext.P5 herein (Ext.P3 in Ext.P8 proceedings). THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160708