IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 17027 of 2008(B) -------------------------- PETITIONER: ------------ PRANAPKUMAR ALVA, W/O RAMAYA ALVA, UJAR KILAGINEMANA, BAMBRANA P.O., KUMBLA, KASARGOD DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. THE KUMBLA SERVICE CO-OPERATIVE BANK LTD., POST KUMBLA, KASARGOD, REPRESENTED BY ITS SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCITIES (G), KASARGOD. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.M.SASINDRAN R2, R3 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.17027 OF 2008 ------------------------------------------- Dated this the 10th day of July, 2008 JUDGMENT On 15.10.2007, the first respondent acknowledged a letter dated 10.10.2007 issued by the petitioner, requesting that he may be issued an application form for enrollment as an 'A' class member of the first respondent society. No application form was issued. That led to Ext.P1 dated 8.11.2007 before the District Legal Services Authority, which, in turn, led to Ext.P2 settlement, recording that the respondent had agreed to give membership and the loan application and that process will start within two months. On account of further delay, he made complaints before the statutory authorities and later, to this Court, resulting in Ext.P5 judgment, in which, the first respondent was directed to comply with the agreement arrived at and recorded before the Adalath within an outer limit of two months from then. Pursuant to that, Ext.P6 application for admission dated 30.4.2008 is submitted by the petitioner, following which, on 31.5.2008, Ext.P7 membership is issued. WPC.17027/08 Page numbers 2. The plea of the petitioner is that the membership issued on 31.5.2008, as evidenced by Ext.P7, should be read as one effective from a point of time before Ext.P2 settlement before the Lok Adalath. This plea is necessarily to fail with the simple reason that even Ext.P6 application is submitted only on 30.4.2008. Whatever be the reason for non-issuance of the application form for membership at an earlier point of time, it is beyond dispute, even going by Ext.P1, that all that the petitioner had requested in his letter dated 10.10.2007 was for issuance of an application form and that cannot later be treated as an application for membership. Therefore, even if the petitioner is not likely to be in the list of voters for the ensuing election to the Board of Directors of the first respondent, I do not find any way for the petitioner to succeed. In the result, the writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.10/7.