IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 27889 of 2009(E) -------------------------- PETITIONER(S): --------------- K.KRISHNANKUTTY NAIR,PERUMANA VADAKKETHIL,KAKKAKUNNU.P.O,SOORANADU SOUTH, KOLLAM. BY ADV. SRI.V.G.ARUN RESPONDENT(S): --------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,KOLLAM. 3. PART TIME ADMINISTRATOR/THE ASST. REGISTRAR OF CO-OPERATIV SOCIETIES OFFICE OF THE ASST.REGISTRAR OF CO-OPERATIVE SOCIETIES, SASTHAMCOTTA. 4. THE SASTHAMCOTTA AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.Q 373,SASTHAMCOTTA.P.O, KOLLAM,REPRESENTED BY ITS SECRETARY. GOVERNMENT PLEADER SRI. K.S. MOHAMMED HASHIM FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 27889/09. EXT P1 TRUE COPY OF RESIGNATION LETTER DT. 10-9-2008. EXT.P2 ACKNOWLEDGMENT DT. 15-9-2008. EXT.P3 ACKNOWLEDGMENT DT. 15-9-2008. EXT.P4 PROCEEDINGS DT. 29-7-2009. EXT.P5 NOTICE DT. 21-4-2009. EXT.P6 EXPLANATION DT. 9-5-2009. EXT.P7 ORDER DT. 26-5-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 27889 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd October, 2009. J U D G M E N T The petitioner is challenging Ext. P7 order of the 2nd respondent passed under Section 32 of the Kerala Co-operative Societies Act, whereby the managing committee of the 4th respondent-society was superseded. The petitioner's contention is that the petitioner should not have been made a party to Ext. P7 proceedings insofar as the petitioner had resigned from the managing committee of the society on 30-3-2009, which resignation was accepted also. Therefore, the petitioner seeks a declaration that Ext. P7 order is not binding on the petitioner. 2. A counter affidavit has been filed by respondents 1 and 2. They admit that Ext. P7 order has been passed only on 26-5-2009, whereas the petitioner had resigned from the managing committee on 30-3-2009. Of course, respondents 1 and 2 would contend that the petitioner is liable for very serious irregularities committed by the committee while the petitioner was a member of the managing committee, for which he is liable. 3. Having heard both sides, I am satisfied that insofar as on the date of passing of Ext. P7 order, the petitioner was not a member of the managing committee of the 4th respondent-society, Ext. P7 order cannot be binding on the petitioner. It is declared so. However, I make it clear that it would be open to respondents 1 to 3 to take any other action, according to law, against the petitioner for any alleged action of the petitioner as a member of the managing committee of the society while he was in office. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/