IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 WA.No. 981 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.11747/2009 Dated 07/04/2009 .................... APPELLANT(S): PETITIONER ------------------------ G.SUGUNAN, S.L.BHAVAN, MUTHUKULANGARA P.O., NEDUMANGAD, THIRUVANANTHAPURAM DIST. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): RESPONDENTS -------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 2. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE MARKETING AND PROCESSING SOCIETY LTD.NO.T.383, NEDUMANGAD, THIRUVANANTHAPURAM, REP.BY ITS PART-TIME ADMINISTRATOR. GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 10/11/2009, ALONG WITH WA NO. 2422 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.Nos.981 & 2422 of 2009 ----------------------------------------- Dated this the 10th day of November, 2009 JUDGMENT Kurian Joseph, J. Appellants are members of the second respondent Society, who have been affected by the impugned order in the writ petition passed by the Joint Registrar of Co-operative Societies. The issue pertains to the decision on the quorum to be constituted under the second respondent Society. The learned single Judge declined to interfere with the decision taken by the Joint Registrar on the ground that there is an alternate remedy of appeal/revision available to the affected parties. The learned single Judge had also restrained the part time Administrator from taking any policy decision, permitting only the management of day-to-day affairs of the Society. The learned single Judge having taken a plausible view, we do not think that we will be justified in interfering with the discretion already exercised by this court. (See the Division Bench decision of this court in Chengamanad W.A.Nos.981 & 2422 of 2009 -:2:- Service Co-operative Bank Ltd. v. Mohanan, 2009 (3) KLT 623, wherein four earlier Bench decisions have been referred to). Therefore, the writ appeals are disposed of as follows: In the event of the appellants pursuing their remedy of appeal/revision within a period of three weeks from today, the same shall be treated to have been filed in time and thereafter the appellate authority shall dispose of the appeals with notice to the appellants and the Society within a period of six weeks from the date of receipt of the appeals. The direction given by the learned single Judge that the part time Administrator shall only manage the day-to-day affairs of the Society and he shall not take any policy decisions till the appeals are disposed of shall continue till the appellate authority disposes the appeal and communicates the order to the appellants. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.Nos.981 & 2422 of 2009 ---------------------------- JUDGMENT 10th November, 2009