IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WA.No. 1055 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.2861/2008 Dated 29/02/2008 .................... APPELLANT: RESPONDENT IN WPC ---------------------------- THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.A.G.ANEETHA RESPONDENTS: PETITIONER IN WPC ------------------------------ KADAMERI BALAKRISHNAN, MEMBER, BOARD OF DIRECTORS, KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., THIRUVANANTHAPURAM. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 1055 of 2008 --------------------------------------- Dated this the 5th day of June, 2008 Judgment Koshy,J. Petitioner was a delegate of a primary co-operative society in an apex society. According to Ext.P5, primary co- operative society has committed default in re-paying amounts to the apex society and, therefore, petitioner has ceased to be a member of the committee in view of rule 46 (e) of the Kerala Co-operative Societies Rules, 1969. Because of the circulars issued, Government directed that there was a prevention of recovery of agricultural loans and non-agricultural loans during the period. Ext.P8 will clearly show the same. Further, the learned single Judge also noticed that the petitioner was heard by one officer and order was passed by another officer. The learned single Judge also relied on Ext.P6 circular issued by the apex society that the primary society in which the petitioner is a delegate is not a defaulter and does not have any overdue to the apex society in respect of loans for a period exceeding six months as on 30.6.2007. The learned single Judge also noticed that opinion of the apex society W.A.No.1055/2008 2 was also not obtained by the Registrar and, therefore, Ext.P9 was clearly arbitrary. We see no ground to interfere with the factual finding of the learned single Judge in setting aside Ext.P9. We fully agree with the learned single Judge and, in any event, there is no ground for interfering with the judgment in an intra-court appeal. Appeal dismissed. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No.1055/2008 3 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 1055 of 2008 ------------------------------------- Judgment Dated:5th June, 2008