IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18944 of 2009(K)
1. JOFFE JOSE,AGED 43 YEARS,S/O.C.V.JOSE,
... Petitioner
2. K.R.THOMAS,AGED 42 YEARS,
Vs
1. JOINT REGISTRAR,CO-OPERATIVE SOCIETIES
... Respondent
2. THRISSUR BHAVANA NIRMANA SAHAKARANA
3. THE BOARD OF DIRECTORS,
4. REGISTRAR OF CO-OPERATIVE SOCIETIES,
For Petitioner :SRI.C.D.DILEEP
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/07/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.18944 of 2009
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Dated, this the 7th day of July, 2009
J U D G M E N T
Challenge in the writ petition is against Exts.P1 & P2, by which
tenders are invited by the 2nd respondent society for disposal of the
property mentioned therein.
2. The petitioners state that the proposal as reflected in the
aforesaid two documents is against Ext.P3 bye-laws of the Society,
and also the statutory provisions. It is stated that although, Exts.P5
& P6 complaints have been filed before the 1st respondent in this
behalf, these representations are also remaining unattended, and
that at the same time, the Society is proceeding with Exts.P1 & P2,
and tenders are scheduled to be received on 10/07/2009.
Complaining of inaction on the part of the 1st respondent in
considering the representations, the writ petition is filed.
3. If as stated by the petitioners, Exts.P5 & P6 have been
received, the 1st respondent should have necessarily considered
those representations and orders should have been passed. Since
WP(C) No.18944/2009
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the case of the petitioners is that these two representations are
remaining unattended, I dispose of the writ petition with the
following directions:-
That on the production of a copy of this judgment, and as
expeditiously as possible thereafter, the 1st respondent should
consider and pass orders on Exts.P5 & P6 with notice to the
petitioners and also 2nd respondent. In the meantime, although, it
will be open to the 2nd respondent to receive tenders in pursuance
to Exts.P1 & P2, further proceedings shall be only after getting
orders from the 1st respondent. The 1st respondent shall pass final
orders on the representations within four weeks from today.
4. The petitioners shall produce a copy of this judgment
before respondents 1 & 2 for compliance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg