IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 818 of 2010()
1. KUNJIKANNAN NAIR, DIRECTOR,
... Petitioner
Vs
1. JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
For Petitioner :SRI.P.N.MOHANAN
For Respondent : No Appearance
The Hon'ble MR. Justice A.K.BASHEER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :23/09/2010
O R D E R
A.K. Basheer & P.Q. Barkath Ali, JJ.
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R.P. No. 818 of 2010
in
WP(C)No. 14273 of 2010
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Dated this the 23rd day of September, 2010
Order
Basheer, J:
While disposing of the above writ petition, we had
directed the Joint Registrar to take a decision on the notice
issued by him under Section 32 of the Kerala Co-Operative
Societies’ Act within one month from the date of receipt of
a copy of the judgment, after affording sufficient
opportunity of hearing to the petitioner and all others
concerned. Petitioner seeks review of the above judgment
contending that the Joint Registrar, in all likelihood, may
order supercession of the Managing Committee.
According to the petitioner, the hearing that may be
conducted by the Joint Registrar may turn out to be an
empty formality.
2. The only prayer in this petition is to keep the
order that may be passed by the Joint Registrar in abeyance
for a few days, so that the petitioner can avail of the right
of appeal.
3. Ms.Anu, learned Special Govt. Pleader for Co-
operation vehemently contends that the above prayer on a
RP.818/2010 : 2 :
mere apprehension or suspicion that the order to be passed
by the Joint Registrar would be against the petitioner cannot
be entertained a all.
Having regard to the peculiar facts and
circumstances of the case and keeping in view the decision
of their Lordships of the Supreme Court in Siemens Ltd. v.
State of Maharashtra (2007 (1) KLT 88 (SC)), we are
satisfied that the right of appeal, if any, available to the
petitioner need not be rendered nugatory. Therefore it is
directed that the order, if any, that may be passed by the
Joint Registrar shall be kept in abeyance for a period of ten
days from the date of order. In other words, the order of the
Joint Registrar shall come into force only on expiry of ten
days from the date of his order.
Issue copy of the order today itself.
A.K. Basheer
Judge.
P.Q. Barkath Ali
Judge.
an.