IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 31201 of 2008(M) --------------------------------------- PETITIONER(S): ---------------------- G.RAMAN NAIR, S/O.GOVINDAN NAIR, DIRECTOR BOARD MEMBER, KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION KADAVANTHARA, ERNAKULAM. (RESIDING AT 'GOPIVILAS', DEVAGIRI P.O., KOTTAYAM) BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 2. THE CHANGANASSERY CO-OPERATIVE RUBBER MARKETING SOCIETY LTD., NO.K.364, KARUKACHAL, KOTTAYAM. REPRESENTED BY ITS MANAGING DIRECTOR. 3. PRESIDENT, THE CHANGANASSERY CO-OPERATIVE RUBBER MARKETING SOCIETY LTD., NO.K.364, KARUKACHAL, KOTTAYAM. 4. THE KERALA STATE CO-OPERATIVE RUBBER MARKETING FEDERATION LTD., KADAVANTHARA, KOCHI. REPRESENTED BY ITS MANAGING DIRECTOR. R1 BY GOVERNMENT PLEADER SRI.K.C.SANTHOSH KUMAR R2, R3 BY ADV. SRI.MATHEW SEBASTIAN, SC R4 BY ADV. SRI.K.RAMAKUMAR (SR.) R4 BY ADV. SRI.T.RAMPRASAD UNNI R4 BY ADV. SMT.SMITHA GEORGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31201 of 2008-M = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of November, 2008. JUDGMENT The petitioner, while a member of the Board of Directors (committee) of the 4th respondent, was nominated as a member and then, the President of the Travancore Devaswom Board. He states that he applied to the committee of the 4th respondent for leave of absence from the subsequent meetings of the committee of the 4th respondent. The fact remains that as of now, the committee has removed him on the ground that he had been continuously absent. Obviously, therefore, the issues would revolve on the questions as to whether the petitioner was, as a matter of fact, absent continuously for a period which would disentitle him to continue as a member of the committee of the 4th respondent and still further, as to whether he had appropriately applied for leave of WP(C)31201/08 -: 2 :- absence and whether he was entitled to the protection of having made such application. These are issues of facts, though to be answered in accordance with law, the 1st respondent Joint Registrar is well within authority to decide such matters. Under such circumstances, the petitioner and respondents 2 to 4 are directed to mark their appearance before the 1st respondent on the 2nd of December, 2008 and place their respective cases in writing so that the 1st respondent can fix a date for hearing the parties. A final decision shall be taken by the 1st respondent within an outer limit of one month thereafter. All questions on merits are left open. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108