IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 11TH OCTOBER 2007 / 19TH ASWINA 1929 WP(C).No. 30150 of 2007(L) ------------------------------------ PETITIONERS: ------------------- 1. K.K.BALAKRISHNA PILLAI, S/O. KOCHUKUNJU PANICKER, KATTAMPARAMBIL VEEDU, PUTHUSSERY P.O., KALLOOPARA, PATHANAMTHITTA. 2. T.K.PONNAMMA BALAKRISHNAN, W/O. K.K.BALAKRISHNA PILLAI, KATTAMPARAMBIL VEEDU, PUTHUSSERY P.O., PATHANAMTHITTA. BY ADV. SRI.S.SUBHASH CHAND SRI.ELDHO VARGHESE RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALLAPPALLY. WPC. 30150/07 L 4. THE CHENGAROOR SERVICE CO-OPERATIVE BANK LTD.NO. A-149, OFFICE OF THE CHENGAROOR SERVICE CO-OPERATIVE BANK LTD.NO.A-149, CHENGAROOR, REPRESENTED BY ITS SECRETARY. 5. SECRETARY, THE CHENGAROOR SERVICE CO-OPERATIVE BANK LTD.NO. A-149, OFFICE OF THE CHENGAROOR SERVICE CO-OP. BANK LTD.NO.A-149, CHENGAROOR, MALLAPPALLY. R1 TO R3 BY GOVERNMENT PLEADER (SMT. ANU SIVARAMAN) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. M. JOSEPH, J. -------------------------------------- W.P.C. NO. 30150 OF 2007 L -------------------------------------- Dated this the 11th October, 2007 JUDGMENT Ext.P6 is an Appeal filed by the petitioners purporting to be under Section 83(1)(j) of the Kerala Co-operative Societies Act against Ext.P5 order dated 18.8.2007. In the nature of the order that I propose to pass, I do not think it necessary to issue notice to respondents 4 and 5. I heard the learned Government Pleader also. The Writ Petition is disposed of directing the first respondent to consider and take a decision on Ext.P6 in accordance with law, after affording an opportunity of hearing to the petitioners and the respondent Bank, within a period of four months from the date of receipt of a copy of this Judgment. I make it clear that I have not expressed my view in regard to either the maintainability of the Appeal or regarding limitation and I leave it open to the respondents who are parties in Ext.P6 Appeal to raise all contentions including the contention that the Appeal is not maintainable. K. M. JOSEPH, JUDGE kbk.