IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 37041 of 2007(I) -------------------------- PETITIONERS: --------------- 1. C.JAYAPALAN, BILL CONTRACTOR, PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., ALATHOOR BRANCH. 2. O.P.SHEREEF, PEON, PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., MANNARKKAD BRANCH. 3. P.VENUGOPAL, PEON, PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., MANNARKKAD EVENING BRANCH. BY ADV. SRI.ANIL SIVARAMAN SRI.HARIKRISHNAN RAVINDRAN RESPONDENTS: ---------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CORPORATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. 3. THE PALAKKAD DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.21, SULTANPET, PALAKKAD-678 001, REPRESENTED BY ITS SECRETARY. R1 & R2 BY SR.GOVT.PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.37041 of 2007-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 1st day of January, 2008. JUDGMENT 1.In the nature of the orders being issued hereunder, notice to the third respondent is dispensed with, however, preserving its right to review this judgment, if aggrieved. Learned Government Pleader takes notice for respondents 1 and 2. 2.The impugned order is passed by the second respondent Joint Registrar of Co-operative Societies, essentially deciding a dispute between the petitioners and the third respondent as to whether the petitioners are entitled to ministerial posts. As noticed by this Court even in Ext.P6 judgment, the right, if any, of the petitioners is to agitate such issue before the WP(C)37041/07 -: 2 :- competent authority in terms of Section 69(1)(d) of the Kerala Co-operative Societies Act. So much so, it was not within the province of the second respondent to have issued any decision in the form of Ext.P7. Under such circumstances, the impugned Ext.P7 is quashed leaving the petitioners with liberty to proceed with such action as may be necessary for resolution of disputes, if any. It is further directed that the third respondent will take up any request of the petitioners for relief and render a decision thereon in accordance with law, within an outer limit of two months from the date of receipt of a copy of this judgment. 3.The writ petition is disposed of in the above terms. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/