IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 18TH JUNE 2010 / 28TH JYAISTHA 1932 WP(C).No. 19017 of 2010(B) ----------------------------------------- PETITIONER(S): ------------------------- 1. GIJU GEORGE, S/O. GEORGE, AGED 33 YEARS, UPPOOTUNGAL HOUSE, KADAVOOR KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. 2. REJU GEORGE, S/O. GEORGE, AGED 38 YEARS, UPPOOTUNGAL HOUSE, KADAVOOR KARA, KADAVOOR VILAGE, KOTHAMANGALAM TALUK. BY ADVS. SRI.T.RAMPRASAD UNNI, SMT.SMITHA GEORGE. RESPONDENT(S): --------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, KOCHI-16. 2. THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), KOTHAMANGALAM. PIN-688 583. 3. THE UNIT INSPECTOR, ARBITRATION & EXECUTION OFFICE OF THE ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM-688 583. 4. THE KADAVOOR SERVICE CO-OPERATIVE BANK LTD. NO.1882, KADAVOOR, KOTHAMANGALAM REPRESENTED BY ITS SECRETARY. PIN-688 583. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K.SURENDRA MOHAN, J ........................................... WP(C).NO.19017 OF 2010 ............................................ DATED THIS THE 18TH DAY OF JUNE, 2010 JUDGMENT The petitioners have filed this writ petition seeking appropriate directions to the Joint Registrar of Co-operative Societies to transfer the Arbitration Case now pending before the third respondent to some other authority for being disposed of in a fair and unbiased manner. The petitioners had availed an Agricultural Cash Credit loan from the fourth respondent, Society which could not be repaid. According to the petitioners, they are entitled to the benefits of a Debt Waiver Scheme implemented in accordance with the Circulars issued by the National Agricultural and Rural Development Bank (NABARD). However, since the fourth respondent did not give them the benefits of the said Scheme, they have filed ARC No.1347 of 2009 and 1348 of 2009 before the Assistant Registrar of Co-operative Societies, Kothamangalam, the second respondent herein. But, the power to consider the arbitration case has been delegated by the second respondent to the third respondent. Wpc 19017/2010 2 2. According to the petitioners, the third respondent is biased against them and has openly declared that he would decide the matter against the petitioners. Therefore, they pray that their Arbitration Case be heard and finally disposed of by some other Unit Inspector or by the second respondent himself. 3. The learned Senior Government Pleader has no objection to a direction being issued to the second respondent to consider and dispose of the Arbitration Case, without delegating the same to any Unit Inspector. Therefore, this writ petition can be disposed of directing the second respondent to consider the said case. In view of the limited relief that is granted, it is not necessary to issue notice to the other respondents. 4. In the above circumstances, this writ petition is disposed of directing the second respondent to consider and finally dispose of ARC Nos.1347 of 2009 and 1348 of 2009 now pending before the third respondent, in accordance with law, as expeditiously as possible and at any rate, before 30th June, 2010, the said date being the last date fixed by the NABARD for getting the benefits of the said Scheme. K.SURENDRA MOHAN, JUDGE lgk