IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 WP(C).No. 18950 of 2010(P) -------------------------- PETITIONER(S): --------------- N.K.SADASIVAN PILLAI, INDIRA NIVAS, VENJARAMOODU, KOLIYAKODE P.O., TRIVANDRUM-695607. BY ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE SRI.P.K.MANOJKUMAR SMT.HENA BAHULEYAN RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 2. KOLIYAKODE CONSUMER CO-OPERATIVE SOCIETY LIMITED NO.T 1002, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. BY ADV. SRI.V.G.ARUN FOR R2 BY ADV. SRI.T.R.HARIKUMAR FOR R2 BY GOVT. PLEADER SRI.MANOJ P.M. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.18950 of 2010 EXT.P1 PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD DAT. 1.3.2003 RECEIPT OF THE APPLICATION ISSUED BY THE POSTAL DEPARTMENT OF INDIA. EXT.P2 PHOTOSTAT COPY OF THE LETTER NO.C.S.643/04/L.D.S. dt. 4.10.2004 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM TO THE PETITIONER. EXT.P3 TRUE COPY OF THE ORDER NO.C.S.8418/04 DT. 16.10.2004 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. EXT.P4 TRUE COPY OF THE REPRESENTATION DT. 25.1.2005 SUBMITTED BY THE PETITIONER TO THE JOING REGISTAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. EXT.P5 TRUE COPY OF THE ORDER NO.C.S.8418/04 DT. 2.2.2005 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM TO THE PETITIONER. EXT.P6 PHOTOSTAT COPY OF THE JUDGMENT DT. 6.2.2008 IN W.P.(C) NO. 8795 OF 2006 PASSED BY THE HON'BLE HIGH COURT OF KERALA AT ERNAKULAM. EXT.P7 PHOTOSTAT COPY OF THE ORDER NO.KLKD/CONS/M/SHIP/08-09 DT. 18.4.2008 ISSUED BY THE SECRETARY, SECOND RESPONDENT TO THE PETITIONER. EXT.P8 PHOTOSTAT COPY OF THE APPEAL MEMORANDUM DT. 12.6.2008 SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. EXT.P9 PHOTOSTAT COPY OF THE ORDER NO.0/5941 /08 DT. 22.7.2009 ISSUED BY THE JOINT REGISTRAR (GENERAL) THIRUVANANTHAPURAM. EXT.P10 PHOTOSTAT COPY OF THE REPRESENTATION DT. 9.11.2009 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.18950 of 2010 ------------------------------- Dated this the 3rd day of January, 2011 J U D G M E N T The main relief sought in this writ petition is to direct respondents 1 to 3 to proceed against the Managing Committee of the second respondent Co-operative Society under Section 33 of the Kerala Co-operative Societies Act, 1969 for willfully violating Ext.P9 order passed by the first respondent. By Ext.P9, the first respondent directed the second respondent Society to admit the petitioner as a member. 2. The second respondent has filed a counter affidavit contending inter alia that aggrieved by Ext.P9 order and the directions issued therein by the first respondent, the second respondent has filed an appeal evidenced by Ext.R2(b) under section 83(1)(j) of the Kerala Co-operative Societies Act before the State Government and that the said appeal is pending. It is not in dispute that an appeal lies from Ext.P9 to the State Government under section 83(1)(J) of the Kerala Co-operative Societies Act. Since Ext.P9 has not become final and has been subjected to challenge before the Government in appeal, I am of the opinion that the petitioner should await the outcome of the appeal before seeking the reliefs prayed for in the writ petition. If, even after the appeal is disposed of upholding Ext.P9 and W.P.(C) No.18950 of 2010 : 2 : membership is denied to him, the petitioner can move this Court again at that stage. I accordingly dispose of the writ petition with a direction to the Government of Kerala to consider Ext.R2(b) appeal stated to have been filed by the second respondent Society from Ext.P9 order and take an appropriate decision thereon expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, Co-operation Department. The Government shall before passing orders on the appeal afford the petitioner and the second respondent Society a reasonable opportunity of being heard and shall, after orders are passed, communicate copies thereof simultaneously to both the parties. The contentions of both sides on the merits are kept open. It will be open to the petitioner to file a written representation raising all his contentions and the Government shall consider the same while passing orders on the appeal. P.N. RAVINDRAN, JUDGE. nj.