IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 20719 of 2004(N) -------------------------------------- PETITIONER: ----------------- POONJAR SERVICE CO-OPERATIVE BANK LTD.NO. 3963, REPRESENTED BY ITS SECRETARY, POONJAR P.O., KOTTAYAM DIST. BY ADV. SRI.P.N.PURUSHOTH'AMA KAIMAL RESPONDENTS: ----------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARIES TO CO-OPERATION SOCIETY, SECRETARIAT, THIRUVANANTHAPURAM. 3. SASIDHARAN NAIR, BRANCH MANAGER, POONJAR SERVICE CO-OPERATIVE BANK LTD., PUTHENPALLITHAZHATH (H), POONJAR SOUTH P.O. BY ADV. SRI.P.V.BABY ADV.SRI.SWATHI KUMAR, SPL.GP. GOVERNMENT PLEADER SMT. K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 20719/2004 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE REPORT SEND BY THE R3 DT. 23/5/90. EXT.P2. COPY OF THE REPORT SEND BY THE SECRETARY TO THE PRECEDENT DT. 24/5/90. EXT.P3. COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE R3 DT. 1/6/90. EXT.P4. COPY OF THE EXPLANATION SUBMITTED BY THE R3 DT. 6/6/90. EXT.P5. COPY OF THE LETTER ISSUED BY THE PRESIDENT DT. 20/06/90. EXT.P6. COPY OF THE EXPLANATION SUBMITTED BY THE R3 DT. 25/6/90. EXT.P7. COPY OF THE RESOLUTION BY THE BANK DT. 30/6/90. EXT.P8. COPY OF THE APPEAL FILED BY THE R3 BEFORE THE BANK DT. 26/4/00. EXT.P9. COPY OF THE JUDGMENT IN OP NO. 36267/01 DT. 28/11/01. EXT.P10. COPY OF THE DECISION TAKEN BY THE PETITIONER DATED 21/2/02. EXT.P11. COPY OF THE PETITION SUBMITTED BY THE R3 BEFORE THE R1 DT. 16/3/02. EXT.P12. COPY OF THE OBJECTION FILED BY THE PETITIONER BEFORE THE R1 DT. 28/12/02. EXT.P13. COPY OF THE ORDER PASSED BY THE R1 DT. 19/4/03. EXT.P14. COPY OF THE REVISION FILED BY THE PETITIONER DT. 7/10/03. EXT.P15. COPY OF THE ORDER PASSED BY THE R2 DT. 22/12/03. RESPONDENT'S EXHIBITS NIL. True copy tga KURIAN JOSEPH, J. --------------------------------------- W.P.(C). No. 20719 OF 2004 --------------------------------------- Dated this the 28th day of March, 2008. J U D G M E N T Exts.P13 and P15 orders have been passed by the Joint Registrar of Co-operative Societies and Government are under challenge. As per Ext.P13, the Joint Registrar in exercise of his power under Rule 176 of Kerala Co-operative Societies Rules interfered with the decision taken by the managing committee of the petitioner society and passed the resolution to impose a punishment of barring of three increments on the 3rd respondent. It is clearly stated in the said order that the action thus taken by the Joint Registrar is on the ground that the same is not in accordance with law and that the order does not stand in the way of the bank taking action in accordance with law. It is seen that the bank has taken the matter in revision. But the revision was filed beyond time, and hence the same was dismissed as per Ext.P15. Be that as it may, since Ext.P13 impugned order does not stand in the way of the petitioner society, if required, taking action against respondents in accordance with law and since the W.P.(C) No.20179/2004 2 interference by the Joint Registrar is only on the ground of non observance of the procedural formality, I do not find any merit in this writ petition. It is accordingly dismissed without prejudice to the liberty granted to the petitioner in Ext.P13. KURIAN JOSEPH, JUDGE. ps