IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH WEDNESDAY, THE 27TH FEBRUARY 2008 / 8TH PHALGUNA 1929 WA.No. 369 of 2008 ------ -------------------- AGAINST THE JUDGEMENT IN WPC.25136/2007 DATED 14/01/2008 .................... APPELLANTS/PETITIONERS: ----------------------------------------- 1. KUNHABDULLA N.K., NADUKKANDIYIL HOUSE ADUKKATH P.O., KOZHIKODE DISTRICT. 2. SANTHOSH A.N. VATTAKANDI HOUSE MARUTHOMKARA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SARITHA DAVID CHUNKATH RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 2. THE ADMINISTRATOR MARUTHOMKARA PANCHAYAT SERVICE CO-OPERATIVE BANK LIMITED, ADUKKATH P.O., KOZHIKODE DISTRICT. 3. MARUTHOMKARA PANCHAYAT SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY ADUKATH P.O., KOZHIKODE DISTRICT. 4. N.P. RAGHAVAN, "AISWARYA" MOILOTHARA P.O., KOZHIKODE DISTRICT. R1 BY SPECIAL GOVERNMENT PLEADER SMT.A.G.ANEETHA R3 BY ADV.MR.K.N.CHANDRA BABU, R2 BY ADV. SRI.P.RAVINDRAN (SR.) & SRI.ANIL SIVARAMAN ADV.MR.M.SASINDRAN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------------------ W.A.No.369 of 2008 ------------------------------------------------------- Dated, this the 27th day of February, 2008 JUDGMENT H.L.Dattu, C.J. The appellants in this writ appeal were the petitioners in W.P.(C) No.25136/2007. They are calling in question the correctness or otherwise of the orders passed by the learned Single Judge in the afore-said writ petition. (2). The petitioners were the Directors of the 3rd respondent Maruthomkara Panchayat Service Co-operative Bank Ltd. (“Bank“ for short). The State Government has passed an order superseding the Executive Committee of the Bank and has appointed an Administrator to manage the affairs of the respondent Bank. As of now, the Administrator is managing the affairs of the Bank. This aspect is not in dispute by any one of the parties before us. (3). In the writ petition filed, the Ex-Directors of the Bank had sought for the following reliefs. They are as under: “a). Issue a writ of mandamus or other appropriate writ, order or direction commanding the Ist respondent to hold an enquiry into the complaint given as per Ext.P2 representation and to take proper and necessary action to see that no membership is granted on the basis of a forged resolution. b). Further direct the 2nd respondent not to issue share W.A.No.369/2008 -2- certificates of the 3rd respondent Bank to any person during his tenure. c). Direct the Ist respondent to take all necessary steps for the conduct of election to the Committee of the 3rd respondent Bank without delay. “ (4). The first relief is to direct the Joint Registrar of Co-operative Societies to consider Ext.P2 representation filed by the petitioners wherein they have made certain allegations against the office bearers and the executive members of the 3rd respondent Bank. The other reliefs sought for in the writ petition are consequential reliefs. (5). In our view, if we direct the Joint Registrar of Co-operative Societies to consider Ext.P2 representation filed by the petitioners after hearing the petitioners and others who may be affected by his order, no injustice or prejudice would be caused either to the petitioners or any other members of the respondent Bank. (6). Sri.K.Ramkumar, learned senior counsel appearing for the appellants/petitioners has no objection whatsoever to direct the Joint Registrar of Co-operative Societies to consider Ext.P2 representation in accordance with law. Sri.P.Ravindran, learned senior counsel appearing for the Administrator of the respondent Bank has also no objection to direct the Joint Registrar of Co-operative Societies to consider Ext.P2 representation in accordance with law. (7). In view of the above, we deem it proper to set aside the W.A.No.369/2008 -3- orders passed by the learned Single Judge and then direct the Joint Registrar of Co-operative Societies to consider Ext.P2 representation in accordance with law. Accordingly, we pass the following: Order (i). The writ appeal is disposed of. (ii). The order passed by the learned Single Judge is set aside. (iii). A direction is issued to the Joint Registrar of Co-operative Societies (Respondent No.1) to consider Ext.P2 representation filed by the petitioners dated 14-8-2007 in accordance with law, after affording an opportunity of being heard to the petitioners, the Bank, the Administrator and other persons who would be affected by the order that may be passed by the Joint Registrar of Co-operative Societies, while considering Ext.P2 representation. This exercise the Joint Registrar shall complete as expeditiously as possible at any rate within three months from the date of receipt of this Court's order. (8). With the above observations, the writ appeal is disposed of. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE MS