IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WA.No. 1688 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26665/2010 Dated 02/09/2010 .................... APPELLANT(S): -------------- K.P.RADHAKRISHNAN, PRESIDENT NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD.NO.1269,NEDUVANNOOR P.O.,KOZHIKODE. BY ADV. SRI.P.P.JACOB RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) PUTHIYARA, KOZHIKODE-673004 2. THE UNIT INSPECTOR, QUILANDI UNIT, O/O.THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES(G),QUILANDI, KOZHIKODE-673305 3. THE ASSISTANT REGISTRAR OF CO-OPERAITVE SOCIETIES (G)QUILANDI, KOZHIKODE-673305 4. C.K.ABDUL RAHMAN, EX-COMMITTEE MAMBER, NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD NO.F-1269,NEDUVANNOOR P.O.,KOZHIKODE 5. SUDHAKARAN NAMBEESAN, COMMITTEE MEMBER, NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD NOF 1269,NEDUVANNOOR P.O.KOZHIKODE 6. C.T.DEVI, COMMITTEE MEMBER NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD NOF 1269,NEDUVANNOOR P.O.KOZHIKODE 7. V.K.RAMESH BABU, COMMITTEE MEMBER NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD NOF 1269,NEDUVANNOOR P.O.KOZHIKODE 8. SHUKKOOR THAYYIL, EX-COMMITTE MEMBER NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD NOF 1269,NEDUVANNOOR P.O.KOZHIKODE 2 9. RAHIM EDATHIL, COMMITTEE MEMBER NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD NOF 1269,NEDUVANNOOR P.O.KOZHIKODE 10. CHERIYA RIAYAN, COMMITTEE MEMBER NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD NOF 1269,NEDUVANNOOR P.O.KOZHIKODE 11. IBRAHIM MANNANKANDI, COMMITTEE MEMBER NEDUVANNOOR REGIONAL CO-OPERATIVE BANK LTD NOF 1269,NEDUVANNOOR P.O.KOZHIKODE R1 TO R3 BY G.P. SMT. ANU SIVARAMAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & K. SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1688 of 2010 -------------------------------------------- Dated this the 11th day of October, 2010 JUDGMENT Ramachandran Nair, J. This appeal is filed against the judgment of the learned single Judge relegating the appellant to the statutory remedy available, which is appeal to the Government. Even though counsel for the appellant contended that orders are issued without referring to the facts, we do not think we should consider it on merits because the appellate authority has all the powers to interfere with the order impugned. Further, since the issue involved is liability for surcharge, factual disputes have to be gone into. Therefore we do not find any merit in the Writ Appeal and the same is accordingly dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (K. SURENDRA MOHAN) Judge. kk 2