IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH JANUARY 2008 / 10TH MAGHA 1929 WP(C).No. 16768 of 2007(U) --------------------------------------- PETITIONER: ------------------- THE VADAKKE ANGADI SERVICE CO-OPERATIVE BANK LIMITED NO. A-705, PULINKUNNU, ALAPPUZHA, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.S.SANAL KUMAR, SMT.BHAVANA VELAYUDHAN. RESPONDENTS: ------------------------ 1. SCARIA JOSEPH, KARAKKASSERY HOUSE, KANNADY P.O., PULINKUNNU, ALAPPUZHA DISTRICT. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.JOMY GEORGE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.16768/2007-U: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE RESOLUTION OF THE PETITIONER BANK DTD 01/12/1995. EXT.P.2: COPY OF THE RESOLUTION OF THE BANK DTD. 31/01/2000 CONTAINING THE ACCEPTANCE NOD OF THE R.1. EXT.P.3: COPY OF THE VOUCHERS. EXT.P.4: COPY OF THE RESOLUTION OF THE BANK DTD. 17/12/2002. EXT.P.5: COPY OF THE RESOLUTION OF THE PETITIONER BANK DTD. 09/08/2004. EXT.P.6: COPY OF THE STATEMENT OF FACTS AND GROUNDS OF THE W.P.(C). NO. 22932/2004 DTD. 30/07/2004. EXT.P.7: COPY OF THE ORDER OF R.2. DTD. 21/07/2004. EXT.P.8: COPY OF THE ORDER OF THIS HONOURABLE COURT DTD. 09/03/2006 IN W.P.(C). NO. 22932/2004. EXT.P.9: COPY OF THE BALANCE SHEET SHOWING THE FINANCIAL POSITION OF THE BANK DTD. NIL. RESPONDENT'S EXHIBITS: EXT. R1.A: COPY OF THE JUDGMENT IN W.P.(C).22932/04 DTD. 14/03/2007 OF THIS HONOURABLE COURT. EXT.R1.B: COPY OF THE ORDER IN C.C.C. 734/2007 DTD. 25/07/2007. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.16768 OF 2007 ------------------------------------------- Dated this the 30th day of January, 2008 JUDGMENT This writ petition is filed by a co-operative society on 31.5.2007, challenging Ext.P7 issued on 21.7.2004 by the Joint Registrar of Co-operative Societies. It is beyond dispute that the Joint Registrar has the authority to issue such directions as are necessary for the proper management of the co-operative institutions. The first respondent was an employee of the petitioner. He demitted service on voluntary retirement on 31.1.2000. It appears that there were controversies between the parties regarding the settlement of the retiral benefits and other outstandings of the first respondent. This led to parties being heard and issue resolved in an Adalath some time in 2004. Following the decision arrived at on the consent of parties, Ext.P7 was issued requiring compliance of the decision in the Adalath. Therefore, it is not as if Ext.P7 is a decision following adjudication of a dispute. It is only a direction by the Joint Registrar to comply with a decision arrived at in the Adalath. WPC.16768/07 Page numbers Hence, though the learned counsel for the petitioner very strenuously contended in that regard, I am not prepared to accept that Ext.P7 is vitiated by exclusion of jurisdiction in terms of the amendment brought to Section 67 of the Kerala Co- operative Societies Act, 1969 as per Act 1 of 2000. Therefore, reliance placed by the learned counsel on the decision of this Court in Prakasini v. Joint Registrar [2006 (1) KLT 199], affirmed by the Division Bench in Raveendran v. State of Kerala [2007 (3) KLT 558], is of no avail in favour of the petitioner. 2. That apart, the parties were litigating before this Court in W.P(C).22932/04 and Ext.P7 herein was brought to the notice of the learned Judge who heard that writ petition on 14.3.2007. It was noticed that the decision impugned herein is nothing but one that followed the decision in the Adalath and that the direction contained in Ext.P7 issued on 21.7.2004 has not been upset by the Government, though a statutory appeal was available. Under such circumstances, W.P(C).22932/04 was disposed of as per Ext.R1(a) judgment, directing payment of the WPC.16768/07 Page numbers amounts. That judgment has become final. On alleged disobedience of the directions therein, C.O.C.734/07 was filed by the first respondent herein. That led to Ext.R1(b) order, granting the society further time to comply with Ext.R1(a) judgment. Thereafter, the Secretary of the society appeared in person in those proceedings and further time was also granted directing that there shall be no expenditure in the society other than the day to day administration, until the amounts due to the petitioner therein (first respondent herein) are paid. 3. In the aforesaid backdrop of facts, I am not inclined to exercise discretionary jurisdiction under Article 226 of the Constitution in favour of the petitioner. In the result, the writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.