IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 19508 of 2008(V) -------------------------- PETITIONER: ------------ 1. P.MOHANDAS, BRANCH MANAGER, THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.M 11, P.B.NO.55, TIRUR 676101, MALAPPURAM DISTRICT. 2. P.RAJAN, ASSISTANT SECRETARY, THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.M 11, P.B.NO.55, TIRUR 676101, MALAPPURAM DISTRICT. 3. P.P.KHALID, JUNIOR CLERK, THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.M 11, P.B.NO.55, TIRUR 676101, MALAPPURAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MALAPPURAM. 2. THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. NO.M 11, P.B.NO.55, TIRUR 676101, MALAPPURAM DISTRICT, REPRESENTED BY THE SECRETARY. 3. M.MOHANDAS, MEMBER, BOARD OF DIRECTORS, THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.M.11, P.B.NO.55, TIRUR 676101, MALAPPURAM DISTRICT. 4. C.M.PURUSHOTHAMAN, MEMBER,BOARD OF DIRECTORS, THE TIRUR CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.M.11, P.B.NO.55, TIRUR 676101, MALAPPURAM DISTRICT. R1 BY GOVT. PLEADER SRI.P.K.RAVIKRISHNAN. R2 BY ADV. SRI.V.G.ARUN,SC. R4 BY ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.19508/08 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SENIORITY LIST. EXT.P2: TRUE COPY OF THE PROMOTION ORDER NO.EST/M/2008-09 DATED 16.6.2008. EXT.P3: TRUE COPY OF THE ORDER NO.EST/M/2/08-09 DATED 18.6.2008. EXT.P4: TRUE COPY OF THE ORDER NO.C.R.B.3633/2008 DATED 23.6.2008. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.19508 OF 2008 ------------------------------------------- Dated this the 10th day of July, 2008 JUDGMENT Learned counsel for respondents 3 and 4 very fairly states that in view of the decision of the Division Bench of this Court in Raveendran.P.S. v. State of Kerala & Others [2007 (3) ILR Kerala 241], affirming the views in Prakasini v. Joint Registrar [2006 (1) KLT 199], it may not be conducive to keep this writ petition pending for a long time since if at all respondents 3 and 4 have any arguable case, that could be taken before the competent authority in accordance with law, subject to any objections as to jurisdiction and maintainability as also locus standi. This is recorded. 2. The petitioner challenges a proceedings of the Joint Registrar of Co-operative Societies initiated under Rule 176 of the Kerala Co-operative Societies Rules, 1969, interfering with certain decisions in relation to service matters. Such WPC.19508/08 Page numbers proceedings of the Joint Registrar is without jurisdiction, by virtue of the law, as understood in the judgments referred to above. The impugned proceedings do not stand. In the result, the writ petition is allowed as prayed for, quashing Ext.P4 and leaving the parties with liberty for proceedings, if any, in the light of what is stated above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.15/7.