IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19508 of 2008(V)
1. P.MOHANDAS, BRANCH MANAGER, THE TIRUR
... Petitioner
2. P.RAJAN, ASSISTANT SECRETARY, THE TIRUR
3. P.P.KHALID, JUNIOR CLERK, THE TIRUR
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE TIRUR CO-OPERATIVE AGRICULTURAL AND
3. M.MOHANDAS, MEMBER, BOARD OF DIRECTORS,
4. C.M.PURUSHOTHAMAN, MEMBER,BOARD OF
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent :SRI.V.G.ARUN,SC,TIRUR CO.OP.AGRL.& RURA
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :10/07/2008
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.19508 OF 2008
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Dated this the 10th day of July, 2008
JUDGMENT
Learned counsel for respondents 3 and 4 very fairly states
that in view of the decision of the Division Bench of this Court in
Raveendran.P.S. v. State of Kerala & Others [2007 (3) ILR
Kerala 241], affirming the views in Prakasini v. Joint Registrar
[2006 (1) KLT 199], it may not be conducive to keep this writ
petition pending for a long time since if at all respondents 3 and
4 have any arguable case, that could be taken before the
competent authority in accordance with law, subject to any
objections as to jurisdiction and maintainability as also locus
standi. This is recorded.
2. The petitioner challenges a proceedings of the Joint
Registrar of Co-operative Societies initiated under Rule 176 of
the Kerala Co-operative Societies Rules, 1969, interfering with
certain decisions in relation to service matters. Such
WPC.19508/08
Page numbers
proceedings of the Joint Registrar is without jurisdiction, by
virtue of the law, as understood in the judgments referred to
above. The impugned proceedings do not stand.
In the result, the writ petition is allowed as prayed for,
quashing Ext.P4 and leaving the parties with liberty for
proceedings, if any, in the light of what is stated above.
Sd/-
THOTTATHIL B.RADHAKRISHNAN,
Judge
kkb.15/7.