IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 WP(C).No. 14971 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. M.ARAVINDAKSHAN NAIR, S/O.V.GOPALAN NAIR, BUILDING NO.VI/249, (NEW NO.VI/275), NEAR C.T.O., AANAVATHIL, KOCHI-682 002. 2. B.S.RAMESH, X/194(NEW NO.X/201), J.D.NORTH STREET, FORT KOCHI, KOCHI-682 001. 3. URSULA LENIN, KALIYATH HOUSE, BUILDING NO.XVII/1204, MUNDAMVELI, KOCHI-682 007. 4. A.P.KALYANASUNDARAM, VI/1158 (NEW NO.VI/1209), KOTTUKULAM ROAD, KOCHI-682 002. BY ADV. SRI.N.HARIDAS SRI.P.N.SASIDHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. REGISTRAR OF CO-OP. SOCIETIES, GOVT. OF KERALA, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), ERNAKULAM. 4. DEPUTY GENERAL MANAGER, RESERVE BANK OF INDIA, URBAN BANKS DEPARTMENT, THIRUVANANTHAPURAM-695033. WPC NO.14971/2009 5. MATTANCHERRY MAHAJANIK CO-OP. URBAN BANK LTD. NO.665, P.O.BOX NO.304, PALLIARAKKAVU ROAD, KOCHI-682 002, REP. BY ITS GENERAL MANAGER. MR.K.C.SANTHOSHKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.14971 of 2009 --------------------------------- Dated, this the 5th day of June, 2009 J U D G M E N T The first petitioner is the Chairman of the Board of Directors of the 5th respondent Bank and petitioners 2 & 3 are Members of the Board of Directors and the 4th petitioner is the Vice Chairman. 2. In so far as this writ petition is concerned, the relevant facts are that Ext.P13 is an order passed by the 3rd respondent levying surcharge on the petitioners exercising powers under Section 68(2) of the Kerala Co-operative Societies Act. The petitioners submit that aggrieved by Ext.P13, they filed Ext.P16 appeal before the 1st respondent, availing of the appellate remedy that is available under Section 83 of the Kerala Co-operative Societies Act, and the appeal is pending. During the pendency of the appeal, in order to avoid further consequences of Ext.P13, petitioners filed Ext.P20 stay petition. By Ext.P22, the stay sought for was declined and that was directed to be reconsidered in Ext.P23 judgment rendered by this Court in WP(C) No.19197/2008. Accordingly, the matter was reconsidered and by Ext.P24, the Government have again rejected the stay petition. It is in these WP(C) No.14971/2009 -2- circumstances, the writ petition is filed, primarily challenging Ext.P24. 3. Heard the learned counsel appearing for the petitioners, and also the learned Government Pleader. 4. A reading of Ext.P16 appeal shows that the petitioners have raised substantial contentions impugning the validity of Ext.P13 and although, according to the petitioners, all these contentions were reiterated when Ext.P20 stay petition was heard, Ext.P24 order does not show consideration of such contentions. Therefore, in my view, Ext.P24 deserves to be interfered with. Having regard to the fact that Ext.P16 appeal was filed by the petitioners as early as in May, 2008, I feel it is only appropriate that the appellate authority disposes of the appeal itself with notice to the petitioners and other parties. Therefore, the writ petition is disposed of with the following directions:- That Ext.P24 will stand set aside. The 1st respondent shall consider Ext.P16 appeal and pass orders thereon with notice to the parties and after hearing them, duly adverting to their contentions. It is directed that until orders are passed on the appeal as directed above, status quo as on date shall be maintained. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg