IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 32540 of 2008(W) --------------------------------------- PETITIONER(S): ---------------------- 1. G.K.REGHUKUMAR, GOPALAKRISHNA BHAVANAM, CHATHUKULAM.P.O, PORUVAZHI, KOLLAM. 2. T.KOSHY, PARAPPURATHU HOUSE, CHATHAKULAM PORUVAZHI, KOLLAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------- 1. THE BOARD OF DIRECTORS OF PORUVAZHI SERVICE CO-OPERATIVE BANK LTD NO.1132, CHATHAKULAM.P.O, KOLLAM, REPRESENTED BY ITS PRESIDENT. 2. PORUVAZHI SERVICE CO-OPERATIVE BANK LTD NO.1132, CHATHAKULAM.P.O, KOLLAM, REPRESENTED BY ITS SECRETARY. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 4. THE STATE CO-OPERATIVE ELECTION COMMISSION, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. R3, R4 BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR R1, R2 BY ADV. SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.32540 of 2008-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of November, 2008. JUDGMENT The short issue arising for decision was as to whether it was appropriate for the administrative committee of the second respondent to pass the impugned resolution on 29-11-2008 on the face of the directions contained in Ext.P1 judgment, whereby specific directions were issued regarding constitution of the administrative committee etc., having regard to the different aspects stated in that judgment. It is a matter of record, going by the counter affidavit filed by the third respondent, that the resolution was passed without constituting the committee as directed in Ext.P1. As per that judgment, the Joint Registrar was directed to constitute an administrative committee in terms of direction No.(i) of Ext.P1 judgment. The only plea taken is WP(C)32540/08 -: 2 :- that though that judgment was pronounced on 24- 7-2008, a copy of that was received by the third respondent only on 6-11-2008, though it was noticed that the copy of that judgment was despatched from the Advocate General's office on 21-10-2008. The fact remains that Ext.P1 judgment was issued at final hearing on 24-7- 2008 and the Joint Registrar as also the bank were parties to the said writ petitions. Under such circumstances, the impugned resolution needs to be quashed leaving the Joint Registrar to take immediate steps in terms of Ext.P1 judgment. It is so ordered. The third respondent Joint Registrar will ensure that the election is conducted obtaining the appropriate resolution of the administrative committee, having regard to the fact that the term of the committee in office expires on 30-11-2008. All other issues are left open. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108