High Court Kerala High Court

R.Sivakumar vs K.S.Sasikumar on 2 July, 2009

Kerala High Court
R.Sivakumar vs K.S.Sasikumar on 2 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1361 of 2009()


1. R.SIVAKUMAR, AGED 40 YEARS,
                      ...  Petitioner

                        Vs



1. K.S.SASIKUMAR, RESIDING AT PRASANTH,
                       ...       Respondent

2. THE JOINT REGISTRAR OF CO-OPERATIVE

3. STATE OF KERALA, REP. BY THE SECRETARY

4. KANJIRAMKULAM SERVICE CO-OPERATIVE BANK

                For Petitioner  :SRI.S.M.PREM

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :02/07/2009

 O R D E R
     K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
                   ---------------------------------
                    W.A. No.1361 OF 2009
                   ---------------------------------
             Dated this the 2nd day of July, 2009

                        J U D G M E N T

~~~~~~~~~~~

Balakrishnan Nair, J.

The petitioner is a member of the 4th respondent Society.

The said Society moved the Joint Registrar for relaxing the

prescribed qualifications for appointing the 1st respondent/writ

petitioner as the Secretary of the 4th respondent Society. That

application was disposed of by the Joint Registrar stating that

the 1st respondent can move for exemption, after he completes

five years service in the feeder category. The respondent

appealed and the Government by Ext.P4 order allowed the

exemption prayed for by him, but, further added that the said

order will take effect only from the date of that order.

Challenging that order, a copy of which is produced as Ext.P4 in

the Writ Petition, the 1st respondent approached this Court. The

learned Single Judge ordered that the exemption granted by the

Government will take effect from the date of resolution taken by

the Managing Committee of the 4th respondent Society , that is,

from 10.5.2003.

W.A.No.1361/2009 2

2. The appellant, who is a member of the Society,

challenges the judgment of the learned Single Judge stating that

he is affected by that decision. It is not shown, how a member of

the Society is affected by the decision of the learned Single

Judge. Having regard to the nature of the decision involved, we

feel that the appellant has no locus standi to interfere with the

said matter. As far as the subject matter of Ext.P4 is concerned,

the appellant is a meddlesome interloper. So, we feel that the

alleged grievance of a solitary member of the Society granting

retrospectivity to Ext.P4 should not be examined by this Court.

Accordingly, the Writ Appeal is dismissed.

(K.BALAKRISHNAN NAIR, JUDGE)

(C.T.RAVIKUMAR, JUDGE)

ps