IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 9457 of 2007(A) ------------------------- PETITIONER: ------------------- 1. P.C.JAYASREE,W/O.K.KRISHNAKUMARA VARMA, PALIYEKARA EAST PALACE,THIRUVALLA (ACCOUNTANT, THIRUVALLA GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LIMITED NO.A-213,THIRUVALLA). 2. SUDHAR R.NAIR,W/O.SATHEESH KUMAR T.K, PUTHENPURACJAL,PARUMALA P.O,THIRUVALLA. (SENIOR CLERK,THIRUVALLA GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LIMITED NO.A-213,THIRUVALLA). 3. P.K.SUKU,S/O.KESAVAN,PARIYARATHUMALA, THUKALASSERY,THIRUVALLA.(ATTENDER,THIRUVALLA GOERNMENT EMPLOYEES CO-OPEARTIVE BANK LIMITED NO. A-213,THIRUVALLA). 4. VIJI N,W/O.S.SATHOSH,'THANAL', VALIAMKULAM,THIRUVALLA.(PEON,THIRUVALLA GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LIMITED NO.A213,THIRUVALLA). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ----------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),PATHANAMTHITTA 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVALLA. 3. THE PRESIDENT,THIRUVALLA GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LIMITED NO.A-213, THIRUVALLA. 4. THE BOARD OF DIRECTORS,THIRUVALLA GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LIMITED NO. A-213,THIRUVALLA. 5. THE THIRUVALLA GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LIMITED NO.A-213,OFFICE OF THE THIRUVALLA GOVERNMENT EMPLOYEES CO-OPERATIVE BANK LIMITED NO.A-213,THIRUVALLA REPRESENTED BY ITS SECRETARY. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO GOVERNMENT PLEADER SMT.M.K.PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONERS' EXTS: EXT.P1- TRUE COPY OF THE RELEVANT PORTION OF THE REPORT RELATING TO THE YEAR 2003-04 SUBMITTED AND PASSED BY THE GENERAL BODY OF THE RESPONDENT NO.5 BANK. EXT.P2- TRUE COPY OF THE REPRESENTATION DATED 18-12-2004 SUBMITTED BEFORE RESPONDENT NO.4. EXT.P3- DO. DATED 22-8-2005 SUBMITTED BEFORE RESPONDENT NO.3. EXT.P4- DO.(EXCLUDING ANNEXURES) DATED 3-4-2006 SUBMITTED BY THE PETITIONERS AND THE SECRETARY BEFORE RESPONDENT NO.1. EXT.P5- TRUE COPY OF THE ORDER DATED 2-12-2006 ISSUED BY RESPONDENT NO.1. EXT.P6- TRUE COPY OF THE COMMUNICATION DATED 6-3-2007 BEARING NO.IA/2006-07 DATED 6-3-2007 ISSUED BY RESPONDENT NO.5 BANK TO PETITIONER NO.1. EXT.P7- TRUE COPY OF THE REPRESENTATION DATED 15-2-2007 SUBMITTED BEFORE RESPONDENT NO.1. Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.9457 of 2007 ================================== Dated this the 2nd day of January, 2008. JUDGMENT Petitioners are employees of the fifth respondent Co-operative Society. According to them, the fifth respondent is liable to be classified as a Class-I society, while the fifth respondent asserts that it cannot be compelled to be re-classified as a Class I society. The fifth respondent is, as of now, a Class II society. The question whether it satisfies the criteria to be re-classified as a Class I society is a matter to be decided by the competent among the respondents. These issues would depend upon whether there could be any compulsion for re-classification to a particular category and still further, whether the statutory superior authorities are entitled to permit a particular society to continue under a particular class notwithstanding it having acquired WPC9457/2007 -:2:- the statutory bench marks for being re-classified to another class. The issues in hand therefore are mixed questions of law and fact and therefore appropriate that the competent authority takes up Ext.P7 and decides thereon after hearing the petitioners and the fifth respondent. In the result, this writ petition is disposed of directing that the first respondent shall take up Ext.P7, offer an opportunity of being heard, to the petitioners and respondents 3 to 5 and any other person entitled to be heard in that regard. A final decision shall be taken within a period of four months from the date of receipt of a copy of this judgment. It is also clarified that all other issues are left open and this judgment does not touch on the merits of the case. Thottathil B.Radhakrishnan, sl. Judge.