IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 OP.No. 25872 of 2002(E) ---------------------------------- PETITIONERS: --------------------- 1. JOHNY URUMESE, S/O. VARGHESE, MAMPILLY HOUSE, ALUVA-1. 2. PAUL DOMINIC, S/O. O.P. THOMMY, OORAKATH HOUSE, PIPE LINE ROAD, NAZARTH, ALUVA. 3. RAPHEAL LAZAR, S/O. A.O. LAZAR, ALOOKARAN HOUSE, U.C.COLLEGE P.O., ALUVA-2. 4. T.M. RAHIM, S/O. T.P. HYDROSE, AYANIKKATTUPARAMBIL HOUSE, KOTTAPPURAM, ALANGAD. BY ADV. SRI.S.SREEKUMAR. RESPONDENTS: ------------------------ 1. THE ALWAYE URBAN CO-OPERATIVE BANK LTD., MARKET ROAD, ALWAYE, REPRESENTED BY ITS GENERAL MANAGER. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM, KOCHI-16. 3. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT CO-OPERATIVE DEPARTMENT, THIRUVANANTHAPURAM. 4. RESERVE BANK OF INDIA, URBAN BANK DEPT., TRIVANDRUM, REP. BY REGIONAL DIRECTOR. GOVT.PLEADER SRI. MOHAMMED ANZAR FOR R2 & R3, ADV. SRI.P.JACOB VARGHESE, SC, RBI FOR R4, ADV. SRI.R.RAGHUKUMAR (ALUVA) FOR R1. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 25872/2002-E: ORDER ON C.M.P. 43872/2002 IN O.P. NO. 25872/2002 -E DISMISSED 22/10/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT DTD. 08/11/1990 EXECUTED BETWEEN R.1. AND FATHER OF P.3. EXT.P.2: COPY OF THE ORDER G.O. (RT).NO.96/95/CO.OP. DTD. 23/02/1995. EXT.P.3: COPY OF THE AGREEMENT DTD. 04/11/1998 EXECUTED BETWEEN P.3. AND R.1. EXT.P.4: COPY OF THE REPRESENTATION DTD. 10/05/02 SUBMITTED BY P.1. TO THE R.1. EXT.P.5: COPY OF THE REPLY DTD. 16/05/2002 ISSUED BY R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. --------------------------------------- O.P. No.25872 OF 2002 --------------------------------------- Dated this the 22nd day of October, 2008. J U D G M E N T This original petition is filed mainly with the following prayer: i) Issue a writ of mandamus or other writ, order or direction compelling 4th respondent to accord permission to 1st respondent to let out shop rooms to petitioners in pursuance of Ext.P3. In view of the intervening developments, in case the petitioners have still any grievance left, they may approach the second respondent, in which case, appropriate action in accordance with law in the matter will be taken, with notice to the petitioners and first respondent, within another four months. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 25872 OF 2002 J U D G M E N T 22.10.2008