IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 35630 of 2009(W) ----------------------------------------- PETITIONER(S): ------------------------- P.H.HAMZA, `SHAMZ', L.V.KAMPI, ASRAMAM WARD, ALAPPUZHA-688 006. BY ADVS. MR.P.K.IBRAHIM, MR.C.N.GOPAKUMAR. RESPONDENT(S): --------------------------- 1. THE CHIEF SECRETARY, CO-OPERATION (C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR (GENERAL), ERNAKULAM. 3. THE RAILWAY MEN'S HOUSE BUILDING CO-OPERATIVE SOCIETY LTD.NO.E-738, ERNAKULAM JUNCTION, KOCHI-16, REPRESENTED BY ITS SECRETARY. BY SR. GOVERNMENT PLEADER MR. K.C. SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S. SIRI JAGAN, J ................................................ W.P(C) No. 35630 of 2009 ................................................. Dated this the 10th day of December, 2009 J U D G M E N T The petitioner is a member of the 3rd respondent society. The society resolved to purchase 109.126 cents of land for setting up a housing colony for beneficiaries from and out of the funds provided by the beneficiaries and to allot house plots to the beneficiaries for construction of houses at their own costs. The petitioner is one of the beneficiaries of the project. The total amount collected by the society from the beneficiaries came to Rs.14,54,040/-,as against the total expenditure of Rs.13,88,361/-. According to the petitioner, the balance amount collected should be returned to the beneficiaries proportionately, which has not been done. While so, the Government acquired some part of the properties so purchased, for the Vallarpadam container terminal and paid compensation amounting to Rs.28,83,045/- after deducting income tax. The petitioner would contend that that amount also should be distributed among the beneficiaries proportionately which has also not been done. 2. In the above circumstances, the petitioner filed a W.P(C) No. 35630 of 2009 -2- petition before the 2nd respondent which was rejected by Ext.P4 order. Against Ext.P4 order, the petitioner filed Ext.P5 revision before the Government. Petitioner's grievance is that although the same was filed as early as on 28.3.2009, the same has not been considered by the Government yet. The petitioner seeks a direction to the Government to consider and pass orders on Ext.P5 expeditiously. The learned Government pleader points out that the petitioner has impleaded the Chief Secretary to the Government as the respondent who is not the concerned Secretary to deal with Ext.P5 revision. Taking into account, the facts and circumstances of the case, I dispose of this writ petition with a direction to the Secretary to the Government dealing with the matter, to consider and pass orders on Ext.P5, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The petitioner shall be afforded an opportunity of being heard also before passing orders. sd/- S. SIRI JAGAN, JUDGE rhs // True copy // PA to Judge