IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 23RD MARCH, 2007 / 2ND CHAITHRA, 1929 RP.No. 319 of 2007(J) ------------------------ (Against judgment dtd.2.11.2006 in W.P.(C) No.20890/2006) REVIEW PETITIONER/7TH RESPONDENT IN WP(C): ------------------------------------------------------- REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN RESPONDENTS: PETITIONERS & RESPONDENT NOS.1-6 IN WP(C) ------------------------------------------------------------------------ 1. V.K.P.RAMACHANDRAN, S/O.DHARMARAJA IYER, KUTTIPPURAM AMSOM DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 2. K.P.RAGHAVAN, S/O.NARAYANA PISHARODY, RANGATTUR PISHARAM, POST NADUVATTOM, TIRUR TALUK, MALAPPURAM DISTRICT. 3. THE NADUVATTOM GRAMINA MANPATHRA, VYVASAYA SAHAKARANA SANGHAM LTD., POST NADUVATTOM POST, MALAPPURAM. 4. THE REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES' PROVIDENT FUND ORGANIZATION, ERANHIPALAM POST, KOZHIKODE DISTRICT. 5. THE RECOVERY OFFICER, KOZHIKODE EMPLOYEES PROVIDENT FUND ORGANIZATION, ERANHIPALAM POST, KOZHIKODE DISTRICT. 6. KHADI AND VILLAGE INDUSTRIES BOARD, THIRUVANANTHAPURAM REP. BY ITS SECRETARY. 7. SALES TAX COMMISSIONER, KOZHIKODE. 8. EXECUTIVE ENGINEER, ELECTRICITY DIVISION, KERALA STATE ELECTRICITY BOARD, TIRUR. R1 & R2 BY ADV.SRI.T.KRISHNAN UNNI. BY ADV.SRI.THOMAS MATHEW NELLIMOOTTIL BY ADV.SRI.JOSE.J.MATHEIKAL. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 23/03/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S. SIRI JAGAN, J. ----------------------------------------------------- R.P.NO.319/2007 IN WP(C) NO.20890/2006 ----------------------------------------------------- Dated this the 23rd day of March, 2007 O R D E R By my judgment dated 2.11.2006, I directed respondents 2 and 3 in the writ petition to deposit the balance amount out of Rs.24,50,000/- after deducting the amount of Rs.4,19,506/- due to the Provident Fund Organisation before the seventh respondent within one month from the date of the judgment. I had further directed that any person claiming any amount as creditor from the Society including respondents 4,5 and 6 in the writ petition can approach the seventh respondent for payment out of the said amounts and the seventh respondent shall consider their claims and pass appropriate orders in accordance with the Kerala Co-operative Societies Act and Rules as also priority of charge of the creditors in respect of the amount so deposited. Consequential directions were issued to the seventh respondent. Now, the seventh respondent in the writ petition has filed this RP NO.319 OF 2007 :-2-: review petition stating that by virtue of S.R.O.No.549/88, the powers of the Registrar in the Kerala Co-operative Societies Act, 1969, except the Audit of Khadi and Village Industries Co-operative Societies are conferred on the Secretary of the Khadi and Village Industries Board/Department in the State. He submits that pursuant to my judgment, the Provident Fund Organisation has deposited an amount of Rs.20,30,494/- by way of Demand Draft to him. The Registrar who is the review petitioner has thus sought a review of the judgment to the extent it directs him to comply with the directions therein, substituting the fourth respondent in the writ petition in his place. 2. After hearing both sides, I am satisfied that the proper person to comply with the directions in my judgment is the fourth respondent in the writ petition instead of the seventh respondent in the writ petition who is the petitioner in this review petition. Accordingly, my judgment is reviewed and in the last paragraph of my RP NO.319 OF 2007 :-3-: judgment, the seventh respondent would stand substituted by the fourth respondent. In all other respects, the judgment would stand. The seventh respondent in the writ petition shall forward the Demand Draft received by him from respondents 2 and 3 in the writ petition to the fourth respondent in the writ petition. The review petition is disposed of as above. S. SIRI JAGAN, Judge Mbs/ RP NO.319 OF 2007 :-4-: K.THANKAPPAN, J ------------------------------------ ------ Crl.Appeal NO. OF 2001 ------------------------------------ ------ J U D G M E N T RP NO.319 OF 2007 :-5-: DATED:13-02-2007