High Court Kerala High Court

P.C.Vijayan vs State Of Kerala on 20 July, 2009

Kerala High Court
P.C.Vijayan vs State Of Kerala on 20 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20337 of 2009(J)


1. P.C.VIJAYAN,JUNIOR SUPERVISOR,
                      ...  Petitioner
2. K.A.ABDUL AZEEZ,RECORD KEEPER,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,

3. KERALA STATE CO-OPERATIVE AGRICULTURAL

4. SULTHAN BATHERY PRIMARY CO-OPERATIVE

                For Petitioner  :SRI.P.C.SASIDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/07/2009

 O R D E R
                   ANTONY DOMINIC,J.
                ---------------------
                W.P.(C).No.20337 OF 2009
              ------------------------
            Dated this the 20th day of July, 2009.

                         JUDGMENT

Petitioners are the employees of the Wayanad Primary

Co-operative Agricultural and Rural Development Bank.

According to the petitioners, the Bank has about 15000

members and its area of operation extended to 15

Panchayats situated in two Taluks.

2. In 1997, the 4th respondent was registered and

the area of its operationextended to 8 out of the aforesaid

15 Panchayats. It is stated that as a consequence of the

registration of the 4th respondent, about 6000 members of

the petitioner Bank will become ineligible to continue their

membership. As the incorporation of the 4th respondent

had a direct impact on the business and performance of the

Wayanad Bank referred to above, the Wayanad Bank passed

Ext.P1 resolution requesting for the transfer of asses and

WP(c).No.20337/09 2

liabilities and also employees and a representation to that

effect made by the petitioners to the 3rd respondent was

ordered to the considered by Ext.P3 judgment in WP(c).

No.1131/097.

3. Accordingly, the matter was considered and by Ext.P4

the petitioners were informed that their request can be

considered later. Subsequently, by Ext.P5 proceedings the 3rd

respondent granted affiliation to the 4th respondent. In view of

the above, the petitioners have filed Ext.P6 before the

respondents 2 and 3 requesting to consider their claims as

undertaken in Ext.P5 reply. Ext.P6 has not been considered

even now. It is with that grievance the writ petition is filed.

4. In view of the aforesaid facts as highlighted, the only

direction that can be granted in this writ petition is a direction

to the 2nd respondent to consider Ext.P6 representation

referred to above.

Accordingly, the writ petition is disposed of directing the

2nd respondent to consider and pass orders on Ext.P6, with

notice to the parties, as expeditiously as possible within 8

WP(c).No.20337/09 3

weeks from the date of production of a coy of the judgment

along with a copy of the writ petition.

vi                                (ANTONY DOMINIC)
                                        JUDGE

WP(c).No.20337/09    4