IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 33868 of 2008(F) ------------------------------------ PETITIONER(S): ---------------------- 1. M.SANTHOSH, "ASWATHI", MUTTAPPALAM P.O., SREENIVASAPURAM, VARKALA. 2. B.LATHA, G.S.LAND, PRAYALAGIRI, THOKKODU P.O., VADASSERIKONAM, VARKALA. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): ------------------------ 1. THE CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD. NO.T.328, PANAYARA P.O., VARKALA, REPRESENTED BY ITS SECRETARY. 2. THE BOARD OF DIRECTORS OF THE CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD.NO.T.328 PANAYARA P.O., VARKALA, REPRESENTED BY ITS PRESIDENT. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), THIRUVANANTHAPURAM. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 5. R.VALSALA, ATTENDER, CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD.NO.T.328, PANAYARA P.O., VARKALA. 6. S.AMBILY, ATTENDER, DO, PALAYAMKUNNU BRANCH, PALAYAMKUNNU P.O., THIRUVANANTHAPURAM. W.P.(C) No.33868/2008 - 2 - 7. G.S.SUNIL, SALES MAN, DO, PANAYARA P.O. 8. A.ABUBACKER, SALESMAN, CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD.NO.T.328 PANAYARA P.O., VARKALA. 9. SAJAN, SALESMAN, CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD., NEETHY STORES, PANAYARA P.O., VARKALA. 10. S.SUNEESH, SALESMAN, CHEMMARUTHY SERVICE CO-OPERATIVE BANK LTD., NEETHY STORES, PANAYARA P.O., VARKALA. GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------------------ W.P.(C) NO.33868 OF 200 (F) ------------------------------------------------------ Dated this the 3rd day of December, 2008 J U D G M E N T Petitioners are members of the first respondent society. Certain selection and appointments were made in that society. Exhibit P9 has been issued by the competent authority interfering with that. The society filed an appeal before the Government. Exhibit P11 shows that the said appeal has been entertained. However, stay application has been rejected. The mere institution of appeal does not result in stay of operation of the decision. There is no such provision in the Kerala Co-operative Societies Act. This principle is one of the primary foundations of the appellate jurisdiction governed by Anglo-Saxon jurisprudence. This position is well settled by the law. In the case in hand the Government have specifically rejected the stay application. This means that the appropriate authority is bound to enforce Exhibit P9. The learned Government Pleader, therefore, rightly states that the competent authority will look into and further action would be taken on the basis of Exhibit P9. W.P.(C) No.33868/2008 - 2 - Under such circumstances, this writ petition is ordered directing that further action in terms of Exhibit P9 shall follow, subject to the result of the appeal in relation to Exhibit P11 is issued. Having regard to the nature of the directions afore-issued, and having heard the learned counsel for third and fourth respondents, notice to other respondents is dispensed with, preserving their right to move for review of this judgment, if aggrieved. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/5/12