IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 7TH JULY 2009 / 16TH ASHADHA 1931 WP(C).No. 18944 of 2009(K) -------------------------- PETITIONER(S): --------------- 1. JOFFE JOSE,AGED 43 YEARS,S/O.C.V.JOSE, CHETTUPUZHAKKARAN HOUSE,PLOT NO.193, NEHRU NAGAR,THRISSUR-6. 2. K.R.THOMAS,AGED 42 YEARS, S/O.RAPHAEL P.KOOLA,163/A, NEHRU NAGAR,THRISSUR-6. BY ADV. SRI.C.D.DILEEP RESPONDENT(S): --------------- 1. JOINT REGISTRAR,CO-OPERATIVE SOCIETIES (GENERAL),THRISSUR. 2. THRISSUR BHAVANA NIRMANA SAHAKARANA SANGHAM LTD.NO.R:260,NEHRU NAGAR, THRISSUR-6,REP.BY ITS SECRETARY. 3. THE BOARD OF DIRECTORS, THRISSUR BHAVANA NIRMANA SAHAKARANA SANGHAM LTD.NO.R:260,NEHRU NAGAR,THRISSUR-6, REP.BY ITS PRESIDENT. 4. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. MR.K.C.SANTHOSH KUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.18944 of 2009 --------------------------------- Dated, this the 7th day of July, 2009 J U D G M E N T Challenge in the writ petition is against Exts.P1 & P2, by which tenders are invited by the 2nd respondent society for disposal of the property mentioned therein. 2. The petitioners state that the proposal as reflected in the aforesaid two documents is against Ext.P3 bye-laws of the Society, and also the statutory provisions. It is stated that although, Exts.P5 & P6 complaints have been filed before the 1st respondent in this behalf, these representations are also remaining unattended, and that at the same time, the Society is proceeding with Exts.P1 & P2, and tenders are scheduled to be received on 10/07/2009. Complaining of inaction on the part of the 1st respondent in considering the representations, the writ petition is filed. 3. If as stated by the petitioners, Exts.P5 & P6 have been received, the 1st respondent should have necessarily considered those representations and orders should have been passed. Since WP(C) No.18944/2009 -2- the case of the petitioners is that these two representations are remaining unattended, I dispose of the writ petition with the following directions:- That on the production of a copy of this judgment, and as expeditiously as possible thereafter, the 1st respondent should consider and pass orders on Exts.P5 & P6 with notice to the petitioners and also 2nd respondent. In the meantime, although, it will be open to the 2nd respondent to receive tenders in pursuance to Exts.P1 & P2, further proceedings shall be only after getting orders from the 1st respondent. The 1st respondent shall pass final orders on the representations within four weeks from today. 4. The petitioners shall produce a copy of this judgment before respondents 1 & 2 for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg