IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WA.No. 1560 of 2009 ------------------------------------ AGAINST THE JUDGEMENT IN WPC.10711/2008 Dated 13/07/2009 .................... APPELLANT/5TH RESPONDENT --------------------------------------------- M.G.SUKUMARAN, S/O. GOPALAN, AGED 54 YEARS, MALAYIL HOUSE, OLARIKKARA, PULLAZHI P.O., THRISSUR. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS/RESPONDENTS & PETITIONERS ---------------------------------------------------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), THRISSUR. 3. THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, THRISSUR, REPRESENTED BY THE SECRETARY. 4. THE ADMINISTRATIVE COMMITTEE OF THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD, THRISSUR, REPRESENTED BY THE CONVENER SRI. E.K.DEVANANDAN. 5. PROF. MURALIDHARAN, MENACHERY TOWERS, BENZAD, TRICHUR. 6. SEBY JOSE PELLISSERY, S/O. P.D.KOCHOUSEPH MASTER, PELLISSERY HOUSE, AMMADAM, THRISSUR. 7. C.B.JAMAL, S/O. BEERAN, CHULLIPADATHU HOUSE, ERIYAD P.O., KODUNGALLUR TALUK, THRISSUR. 8. P.M.SARATHKUMAR, S/O. P.K.MAHADEVAN, PARAKKATTU HOUSE, P.O.KARYAVATTOM, VALAPPAD, CHAVAKKAD TALUK, THRISSUR. W.A.NO.1560 OF 2009 - 2 - 9. N.V.SUNDARAN, MEMBER NO.14826, NADVILAVALAPPIL HOUSE, VELLANIKKADU P.O. 10. BOBAN CHAKKALAKKAL, MEMBER NO.13939, S/O. JOSE, CHAKKALAKAL HOUSE, PALAKKAL, PALLISSERY P.O. 11. O.D.JOSE, MEMBER NO.13210, S/O. DEVASSY, OLLUKKARAN HOUSE, AMRADAN P.O., PARALAN VALLEY. 12. K.K.ASHOKAN, MEMBER NO.15624, S/O. KOCHUNNI, KOLATTU HOUSE, CHERPPU WEST P.O. 13. C.K.VINOD, MEMBER NO.15638, S/O. C.K.KUNJUTTY, CHITTIPPARAMBIL HOUSE, CHERPPU WEST P.O. 14. C.P.PAUL, MEMBER NO.16180, S/O. PORINCHU, CHITTILAPPILLY KUNJAPPU HOUSE, ARANATTUKARA. 15. K.V.DASAN, MEMBER NO.12374, KOMBATH HOUSE, NEDUPUZHA P.O., THRISSUR. 16. K.H.USMANKHAN, MEMBER NO.2249, KOTTAR HOUSE, P.O.PONKUNNAM, TRICHUR TALUK. 17. K.K.SEETHARAMAN, MEMBER NO.16050, KANNANGANATHU HOUSE, M.G.ROAD, TRICHUR-4. 18. T.R.SANTHOSHKUMAR, MEMBER NO.16422, THERAMBATH HOUSE, EAST FORT P.O., TRICHUR-5. 19. A.R.RAMACHANDRAN, MEMBER NO.13618, AYINIKUNNATH HOUSE, KIZHIKKUMPATTUKARA, EAST FORT P.O. 20. HAPPY MATHAI, MEMBER NO.13877, S/O. MATHAI, POOTHAKADAM HOUSE, LOURDPURAM, EAST FORT P.O. 21. T.K.PORINCHU, MEMBER, BOARD OF DIRECTORS OF THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD,THRISSUR. 22. K.G.PISHARODY, MEMBER, BOARD OF DIRECTORS OF THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD,THRISSUR. 23. P.B.MOIDU, MEMBER, BOARD OF DIRECTORS OF THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD,THRISSUR. W.A.NO.1560 OF 2009 - 3 - 24. A.P.JOSE MASTER, MEMBER, BOARD OF DIRECTORS OF THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LTD., SHORNUR ROAD,THRISSUR. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS R21 TO R24 BY ADV.SRI.GEORGE POONTHOTTAM BY ADV.SMT.DAISY A PHILIOSE BY ADV.SRI.JOHN JOSEPH VETTIKAD THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 20/07/2009 ALONG WITH WA NO.1561 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W. A. Nos. 1560 & 1561 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2009 JUDGMENT BALAKRISHNAN NAIR, J WA No.1560 of 2009 Respondent No.5 in the writ petition is the appellant. Ext.P12 order has been passed by the Officer-in-charge of Registrar of Co-operative Societies, Thiruvananthapuram pursuant to Ext.P7 judgment dated 12.09.07 in WP(C) No.851 of 2006. Appellant herein was the writ petitioner in that writ petition. This Court quashed Ext.P12 order by judgment dated 13.07.09 in WP(C) No.10711 of 2008 and left it there without issuing further directions. According to the appellant, even assuming that the judgment of the learned Single Judge to the extent it quashes Ext.P12 order is correct, still the learned Single Judge must have directed the Registrar to take a decision, as ordered by this Court in Ext.P7. 2. We heard the learned counsel, Sri.George Poonthottam, who appeared for the writ petitioners and also the learned counsel appearing for other respondents including the learned Government WA Nos.1560&1561/09 -:2:- Pleader. We also had the benefit of hearing the counsel appearing in WA No.1561 of 2009, which is an appeal filed against the very same judgment. 3. It is common ground that Ext.P12 order dated 31.12.07 was issued to the parties only in March 2008. It is also common ground that the author of the order was in charge of the post of Registrar only up to 31.12.07. In other words, he did not issue Ext.P12 order to the parties, on or before 31.12.07, therefore it cannot be treated as an order passed on the said date. This being an administrative order passed in the chambers and not a judicial order pronounced in open court, it will take effect only when it is send to the affected parties. It need not be received by the affected parties but it should go out of the hands of the author of the order. Going by the said principle, Ext.P12 order was passed only in March 2008. It is not in dispute that the author of Ext.P12 order was not functioning as the Registrar of Co-operative Societies after 31.12.2007. So leaving aside all other disputes, on this ground alone the quashing of Ext.P12 order has to be sustained. But we agree with the learned counsel for the WA Nos.1560&1561/09 -:3:- appellant that the matter should not have been left there. In view of Ext.P7 judgment of this Court, there should have been a further direction to the Registrar to re-hear the parties and take a fresh decision. 4. In the result, we order that the first respondent shall, in obedience to Ext.P7 judgment, hear the parties and pass fresh orders in the matter within two months from the date of production/receipt of a copy of this judgment. Regarding the violation of principle of natural justice, we uphold the observations of the learned Judge. But regarding the merits of the issues to be decided by the Registrar, the said officer will be free to take a decision based on the contentions raised before him, notwithstanding any observations in the judgment under appeal. It is clarified that we have dealt with only direction No.1, concerning Ext.P12 order, issued by the learned Single Judge in paragraph 39 of the judgment under appeal. Directions 2 to 4 will remain in force, unless the same is set aside on appeal filed by a person interested. The appeal is disposed of as above. WA Nos.1560&1561/09 -:4:- WA No.1561 of 2009: It is ordered that the judgment in WA No.1560/09 will govern this case also. K. BALAKRISHNAN NAIR, JUDGE C.T. RAVIKUMAR, JUDGE ttb