IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 9726 of 2008(G) -------------------------------------- PETITIONER(S): ------------------------ 1. T.K.PORINCHU, MEMBER, BOARD OF DIRECTORS OF TRICHUR DISTRICT CO-OP. HOSPITAL LTD., SHORNUR ROAD, TRICHUR. 2. K.G.PISHARADY, MEMBER, BOARD OF DIRECTORS OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR. 3. P.B.MOIDU, MEMBER, BOARD OF DIRECTORS OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR. 4. A.P.JOSE MASTER, MEMBER, BOARD OF DIRECTORS OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR. 5. K.VARGHESE JOHN, MEMBER, BOARD OF DIRECTORS OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR. 6. ADV. K.P.JOSEKUTTAN, MEMBER, BOARD OF DIRECTORS OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR. 7. BEENA BENNY, MEMBER, BOARD OF DIRECTORS OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR. 8. PROF. K.BALAKRISHNAN, MEMBER, BOARD OF DIRECTORS OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THRISSUR. Kss .2/- ...2..... WPC.NO.9726/2008 G 3. THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR, REPRESENTED BY THE SECRETARY. 4. THE ADMINISTRATIVE COMMITTEE OF TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, TRICHUR, REPRESENTED BY THE CONVENER SRI.E.K.DEVANANDAN. *ADDL.R5 TO R8 ARE IMPLEADED: R5. JOMY JOSEPH, CHITTILAPPILLY HOUSE, P.O.PUZHAKKAL, THRISSUR. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 26/03/2008 IN I.A.NO.4329/2008) R6. E.F.JOHNSON, S/O.FRANCIS, AGED 45 YEARS, ELAVUTHINKAL HOUSE, KOTTAPPADY P.O., THRISSUR DISTRICT. R7. M.G.SUKUMARAN, S/O.GOPALAN, AGED 52 YEARS, MALAYIL HOUSE, OLARIKKARA, PULLAZHI P.O., THRISSUR. (*ADDL.R6 & R7 ARE IMPLEADED AS PER ORDER DTD.26/03/2008 IN I.A.NO.4310/2008) R8. PROF.MURALIDHARAN, AGED 60 YEARS, S/O.MARUTHOOR MALATHI AMMA, MENACHERY TOWERS, BENZAD ROAD, TRICHUR. (*ADDL.R8 IS IMPLEADED AS PER ORDER DTD. 2/04/2008 IN I.A.NO.4375/2008) R1 & R2 BY SPL.GOVERNMENT PLEADER SMT.ANITHA R4 & ADDL.R5 BY ADV.MR.P.C.SASIDHARAN ADDL.R6 & R7 BY ADV.SMT.DAISY A.PHILIPOSE R8 BY ADV.MR.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009,THE COURT ON 20/07/2009 DELIVERED THE FOLLOWING: Kss WPC.NO.9726/2008 G APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE JUDGMENT IN WPC.NO.20259/2005 DTD.7/7/2005. P2: COPY OF THE JUDGMENT IN WPC.NO.20667/2005 & RP.NO.674/2005 DTD. 2/0/2005. P3: COPY OF THE ORDER NO.CRB.4146/05 DTD. 17/01/2006. P4: COPY OF THE ORDER IN WPC.NO.851/2006 DTD.2/2/2006. P5: COPY OF THE ORDER IN WPC.NO.1074/06 DTD. 23/02/2006. P6: COPY OF THE SURPRISE CHECK REPORT DTD. 27/07/2005. P7: COPY OF THE JUDGMENT IN WPC.NO.851/2006 DTD. 12/09/2007. P8: COPY OF THE NOTICE NO.M.T.(1)40795/2007 DTD. 22/11/2007. P9: COPY OF THE ORDER NO.C.R.B.1913/2008 DTD. 19/03/2008. P10: COPY OF THE ORDER IN WPC.NO.26372/2007 DTD. 18/12/2007. P11: COPY OF THE COMMUNICATION NO.PL(5)/736/2004-05 DTD.4/5/2006. RESPONDENT'S ANNEXURES: ANNEXURE 1: COPY OF THE RELEVANT PAGES OF THE DISTRIBUTION REGISTER 2008. ANNEXURE 2: COPY OF ORDER NO.MT(1)49795/2007 OF THE REGISTRAR OF CO-OP.SOCIETIES, THIRUVANANTHAPURAM DTD. 31/12/2007. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ================ W.P.(C) NO. 9726 OF 2008 (G) ===================== Dated this the 20th day of July, 2009 J U D G M E N T Ext.P9 order issued under Section 32 of the Kerala Co- operative Societies Act is under challenge. 2. Ext.P9 makes reference to the order dated 31/12/2007 bearing No.MT(1)49795/07 issued by the Registrar of Co- operative Societies and a reading of the order shows that it is entirely relying on the said order that Ext.P9 order has been issued under Section 32 of the Kerala Co-operative Societies Act. 3. In the judgment in WP(C) NO.10711/08 rendered on 13/7/09, this Court has already set aside order dated 31/12/07 referred to above. In view of the said judgment, Ext.P9 necessarily has to be set aside and I do so. 4. Accordingly, this writ petition is disposed of quashing Ext.P9 order dated 19/3/2008. It is directed that charge shall be handed over to the Committee consisting of the members of the society on the production of a copy of this judgment. 5. In compliance with the order dated 14/7/09, Sri.K.P.Udayabhanu, Joint Registrar of Co-operative Societies has WPC 9726/08 :2 : filed an affidavit dated 16/7/09. Having regard to the materials produced and the averments in the affidavit, I do not think any proceedings against him is warranted and therefore, the proposal to that effect is dropped. Writ petition is allowed as above. ANTONY DOMINIC, JUDGE Rp