IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 28TH FEBRUARY 2008 / 9TH PHALGUNA 1929 WP(C).No. 3462 of 2008(K) ------------------------- PETITIONERS: --------------- 1. K.K.KRISHNAN, JUNIOR CLERK, NILESHWAR SERVICE CO-OPERATIVE BANK LTD., KASARGOD DISTRICT. 2. P.RADHAKRISHNAN, SENIOR CLERK, NILESHWAR SERVICE CO-OPERATIVE BANK LTD., KASARAGOD DISTRICT. BY ADV. SRI.D.SOMASUNDARAM RESPONDENTS: ---------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KASARAGOD DISTRICT. 3. NILESHWAR SERVICE CO-OPERATIVE BANK LTD.NO.L.527, REPRESENTED BY ITS SECRETARY, NILESHWAR, KASARAGOD DISTRICT. 4. V.KAMALESH, JUNIOR CLERK, NILESHWAR SERVICE CO-OPERATIVE BANK LTD., KASARGOD DISTRICT. R1 & R2 BY SENIOR GOVT. PLEADER, SMT. ANU SIVARAMAN. R4 BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 3462 OF 2008 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER DT.18.01.02. EXT.P2 : TRUE COPY OF THE ORDER DT.16.09.06 PASSED BY THE JOINT REGISTRAR EXT.P3 : TRUE COPY OF THE APPEAL MEMORANDUM DT.29.11.06. EXT.P4 : TRUE COPY OF THE STATEMENT FILED BY THE BANK BEFORE THE GOVERNMENT DISPUTING THE CLAIM OF THE 4TH RESPONDENT. EXT.P5 : TRUE COPY OF THE ORDER. /TRUE COPY/ PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 3462 OF 2008 ----------------------------------- Dated this the 28th day of February, 2008 JUDGMENT Heard both sides. In the light of the judgment delivered today, in WP(C) No. 37182 of 2003, the impugned orders are liable to be quashed, since they are issued on the basis of the pendency of the claim of the petitioner in WP(C) No. 37182 of 2003. That apart, neither the Registrar nor the Government, as the appellate authority, have the power to decide on a dispute relating to the inter se seniority, in the light of the judgments in Prakisini v. State of Kerala [2006 (1) KLT 199] and Ravindran v. State of Kerala [2007(3) ILR (Kerala) 241]. The Writ Petition is allowed quashing Exts.P2 and P5. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 3462 OF 2008 2 WPC No. 3462 OF 2008 3