IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 16705 of 2010(K) -------------------------------------- PETITIONER: ------------------- MOHANAN A.N., S/O.NARAYANAN, EDATHOTTIVEEDU, NEDUNGAPRA, THURUTHY P.O., VIA., KURUPPAMPADY, ERNAKULAM DISTRICT. BY ADVS. SRI.N.K.SUBRAMANIAN, SRI.S.ANANTHAKRISHNAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KUNNATHUNADU, PERUMBAVOOR, ERNAKULAM DISTRICT. 3. THE NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.E 135, NEDUNGAPRA P.O., ERNAKULAM DISTRICT-683 545. 4. THE BOARD OF DIRECTORS, THE NEDUNGAPRA SERVICE CO-OPERATIVE BANK LTD., NO.E 135, NEDUNGAPRA P.O., ERNAKULAM DISTRICT-683 545. 5. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM. R1, R2 & R5 BY GOVERNMENT PLEADER SRI. M.A. ASIF, R3 & R4 BY ADVS. SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16705/2010-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(RT).NO.311/07/CO-OP. DT. 30/04/07. EXT.P.2: COPY OF THE RESOLUTION NO.12 DT. 10/10/08 OF R4. EXT.P.3: COPY OF THE ORDER NO.P.538/08 DT. 24/09/09 BY R.2. EXT.P.4: COPY OF THE LETTER NO. OW/166/2009 DT. 13/11/09. EXT.P.5: COPY OF THE REPRESENTATION DT. 03/09/09 TO HONOURABLE CHIEF MINISTER. EXT.P.6: COPY OF THE APPEAL DT. 17/12/09 BEFORE R.1. EXT.P.7: COPY OF THE REQUEST DT. 27/01/10 BY PETITIONER TO R3. EXT.P.8: COPY OF THE LETTER DT. 31/03/10 BY R3 TO PETITIONER. EXT.P.9: COPY OF THE LETTER NO. OW292/10 DT. 30/04/10. EXT.P.10: COPY OF THE LETTER DT. 24/05/10 BY PETITIONER TO R.3. EXT.P.11: COPY OF THE LETTER DT. 24/05/10 BY PETITIONER TO R.4. EXT.P.12: COPY OF THE ORDER 16600/C2/2009/CO-OP. DT. 12/05/10. EXT.P.13: COPY OF THE POSTAL COVER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.16705 of 2010 ---------------------------- Dated 20th October, 2010 JUDGMENT This writ petition has been filed mainly challenging Exts.P3 and P12. The petitioner has also sought for certain other reliefs. I do not propose to consider the various contentions or the entitlement of the petitioner to the reliefs sought for in this writ petition on account of the fact that at the first instance the grievances of the petitioner have to be looked into by the fifth respondent. In fact, the grievance of the petitioner is that Ext.P2 resolution passed by the third respondent society was returned by the second respondent. According to the petitioner, the second respondent should have forwarded the same to the fifth respondent as he is the competent authority to consider the same in accordance with the provisions under the Kerala Co-operative Societies Act and Rules. The issue involves is with respect to the entitlement of the petitioner to the higher grades. He got certain grievances with respect to the fixation of pay as well. It is to alleviate the said issue and grievances that Ext.P2 resolution has been passed by the third respondent and forwarded it to the second respondent for transmitting the same to the fifth respondent. Since the fifth respondent is the competent authority the second respondent was duty bound to forward WP(C).No.16705/2010 2 the same to the fifth respondent for appropriate action. In the circumstances, the third respondent is directed to forward Ext.P2 resolution to the second respondent. On its receipt the second respondent shall forthwith forward the same to the fifth respondent. Thereupon, the fifth respondent shall consider the same and pass orders thereon within a period of two months from the date of receipt of the same. Till the 5th respondent considers the resolution and passes orders thereon, the interim order passed by this Court on 31.5.2010 staying recovery of money pursuant to Exts.P3, P9 and P12 will continue to be in force. The writ petition is disposed of accordingly. C.T.RAVIKUMAR Judge TKS