IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.K.MOHANAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WA.No. 1433 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.32316/2007 Dated 24/03/2008 .................... APPELLANTS:RESPONDENTS 2 AND 3 IN WP(C): ------------------------------------------------------------------------ 1. CHAIRMAN, KERALA STATE CO-OPERATIVE MARKETING FEDERATION LIMITED., GANDHI NAGAR, KOCHI – 682 020. 2. KERALA STATE CO-OPERATIVE MARKETING FEDERATION LIMITED., GANDHI NAGAR, KOCHI – 682 020, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV. SRI.K.P.DANDAPANI (SR.) SRI.MILLU DANDAPANI RESPONDENTS: PETITIONER – RESPONDENTS 1 AND 4 IN WP(C): -------------------------------------------------------------------------------------------------- 1. SHRI.V.C.EMMANUEL,AGED 61 YEARS, S/O.LATE CHACKO, AT PRESENT RESIDING AT C-5, ST.COLUMBUS APARTMENT, PLOT NO.15, SECTOR VII, DWARAKA, NEW DELHI – 110 075. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE SPECIAL SECRETARY, CO-OPERATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BENNY GERVACIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & V.K.MOHANAN, JJ. -------------------------------------- W.A.No.1433 OF 2008 ------------------------------------- Dated 11th July, 2008 JUDGMENT Koshy,J . Ext.P1 was passed by the Registrar of Co-operative Societies on 30.11.2004. The above order was not implemented. No statutory appeal was also filed. Since the above order was not implemented, the petitioner approached this court for a writ of mandamus for implementation of the above order as the appellant in this case refused to implement the same. After two years, when there was pressure for implementation of the order by the Co-operative Department, appellant filed a writ petition in 2006. No interference was made by the learned single Judge and it was dismissed by judgment dated 19th July, 2006 without prejudice to the right of the appellant to file an appeal as per the statutory provisions. The defeated appellant did not implement the order. Thereafter also no appeal was filed. The writ petitioner had filed another writ petition before this court in the year 2007. In March, 2008 an appeal was filed. The impugned judgment was also passed in March, 2008. The learned Judge directed to implement the order, without prejudice to the appeal, if filed. Learned counsel for the writ petitioner submitted that even the appeal was dismissed by the Government on W.A.1433/2008 2 11.6.2008. The only contention now raised is that this court cannot execute an order. It is the defiant attitude of the writ appellant in not implementing the statutory order passed is the reason for compelling the poor employee to approach this court. If statutory authorities are refusing to implement the statutory orders, poor citizens have no other remedy. It is very strange that why such defences are taken by the appellant when there is nothing to contend on merit. However, since we are dismissing the appeal at the time of admission itself, we are not imposing any costs. The appeal is dismissed. J.B.KOSHY JUDGE V.K.MOHANAN JUDGE tks