IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 4TH DECEMBER 2007 / 13TH AGRAHAYANA 1929 WP(C).No. 5491 of 2005(D) -------------------------------------- PETITIONER: -------------------- R.RAMACHANDRAN, KARIMBINKUDU, POVATHOOR EAST, P.O. KULAKKADA. BY ADV. SRI.P.SANTHALINGAM SRI.A.D.SHAJAN RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOLLAM. 3. THE POOVATHOOR EAST SERVICE CO-OPERATIVE BANK LTD. NO.3503, KALAYAPURAM P.O., KOLLAM DIST., REPRESENTED BY ITS SECRETARY. 4. REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. *ADDL.R5 IS IMPLEADED: R5. O.RAJAN, KRISHNA VILASATH KIZHEKATHIL, KOOVATTUR KIZHAKKU, KALAYAPURAM P.O., KOLLAM DISTRICT. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 4/12/2007 IN I.A.NO.2810/2005) BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.P.PARAMESWARAN NAIR, ADDL.R5 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5491/2005 D APPENDIX PETITIONER'S EXHIBITS: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.5491 of 2005-D = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of December, 2007. JUDGMENT The impugned order is, going by paragraph 7 of the counter affidavit, passed on the ground that the petitioner did not produce the exemption orders which are relied on by him. It is pointed out that Exts.P5 and P6 are the exemption orders which are relevant. Under such circumstances, this writ petition is disposed of directing that the petitioner will be heard again by the competent authority which issued the impugned order and the relevance of Exts.P5 and P6 will be considered. Let a final decision be issued in accordance with law, within an outer limit of three months from the date of receipt of a copy of this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/