IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2872 of 2010(H) -------------------------------------- PETITIONER(S): ----------------------- MICHAEL SAMSON, AGED 52 YEARS, S/O.BERNARD JOSEPH, ALAYIDATHU HOUSE, MANASSERI, MUNDAMVELI P.O., KOCHI, WORKER, MATSYAFED, DISTRICT OFFICE, ERNAKULAM. BY ADV. MR.A.X.VARGHESE, MR.A.V.JOJO. RESPONDENT(S): ------------------------- 1. THE EXECUTIVE COMMITTEE, REP. BY CHAIRMAN, MATSYAFED, KAMALESWARAM, MANAKKADU P.O., THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, MATSYAFED, THIRUVANANTHAPURAM-3. 3. V.P. SURENDRAN, DEPUTY GENERAL MANAGER (COMMERCIAL OPERATIONS) INCHARGE, MATSYAFED, THIRUVANANTHAPURAM. 4. THE DISTRICT MANAGER, MATSYAFED DISTRICT OFFICE, ERNAKULAM. BY ADV. MR.P.K. VIJAYA MOHANAN, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 2872 OF 2010 H ----------------------------------------------------------- Dated this the 29th January, 2010. JUDGMENT This writ petition is filed by the petitioner challenging Ext.P5 order imposing a punishment on him under Rule 198 of the Co- operative Societies Rules. The contention of the petitioner is that the President is the authority who is empowered to impose the punishment on the petitioner. However, in the present case Ext.P5 has been issued pursuant to the decision of the Executive Committee which is actually the Appellate Authority as per Rule 198 (4) of the Co-operative Societies Rules. Therefore, the petitioner is denied the appellate remedy that is provided by the Rules. 2. The standing counsel for Matsyafed, Adv. Vijaya Mohan submits that Ext.P5 would be withdrawn and fresh orders would be passed strictly in accordance with Rule 198 of the Co-operative Societies Rules. In view of the above submission no further orders are necessary in the above writ petition. The submission of the learned standing counsel is recorded. This writ petition is closed. K. SURENDRA MOHAN Judge jj 2 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: