IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 37469 of 2010(G) -------------------------- PETITIONER(S): PETITIONER IN WPC -------------------------------- T.Y.SHAMSU, AGED 54, S/O. YOUSEPH, THEVARUPARAMBIL HOUSE, LIBERTY LANE, ASHOKA ROAD, KALOOR P.O., KOCHI-17. BY ADV. SRI.P.GEORGE VARGHESE RESPONDENT(S): RESPONDENTS IN WPC --------------------------------- 1. TATAPURAM CO-OPERATIVE STORES LTD.NO. 269, TATAPURAM, KOCHI-14, REP. BY ITS SECRETARY. 2. THE PRESIDENT, TATAPURAM CO-OPERATIVE STORES LTD.NO.269, TATAPURAM, KOCHI-14. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. BY G.P.SRI.BASANT BALAJI FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.37469 of 2010 ---------------------------- Dated 20th December, 2010 JUDGMENT This writ petition has been filed on being aggrieved by the delay in the matter of consideration of Ext.P11 appeal preferred in terms of Rule 198(4) of the Kerala Co-operative Societies Rules ( for short `the Rules) by the petitioner before the Board of Management. Ext.P11 has been preferred against Ext.P10 order whereby the petitioner was dismissed from the service of the first respondent society. In view of the order I propose to pass in this writ petition, I do not think it necessary to issue notice to respondents 1 and 2. Obviously, the petitioner has taken up his grievances before the Board of Management of the first respondent through Ext.P11. Ext.P11 is dated 24.10.2009. Aggrieved by the inaction on the part of the Board of Management of the first respondent in considering Ext.P11 appeal the petitioner has preferred Ext.P12 before the third respondent. However, the third respondent also did not take any action thereon. It is in the said circumstances that this writ petition has been filed. The fact is that against Ext.P10 order whereby the petitioner was dismissed from service the petitioner has preferred Ext.P11 appeal before the Board of Management in terms of Rule 198(4) of the Rules and it is still pending. WP(C).No.37469/2010 2 Therefore, the society is bound to consider the same in accordance with the provisions under Rule 198(4) of the Rules. In case of non- performance of a statutory public duty a writ petition is maintainable against the society in terms of the decision of the Hon'ble Apex Court in Supriya Basu v. West Bengal Hsg. Board (2006 (2) KLJ (SC) 686). Accordingly, this writ petition is disposed of directing the Board of Management of the first respondent society to consider Ext.P11 appeal preferred by the petitioner against Ext.P10 expeditiously and to pass orders thereon on merits, in accordance with law, at any rate within a period of three months from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS // True copy // P.S. to Judge