IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 937 of 2009()
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Petitioner
2. UNIT INSPECTOR, CO-OPERATIVE SOCIETIES,
3. GOVERNMENT OF KERALA, REP. BY ITS
Vs
1. K.M.MATHEW, KALATHIL HOUSE,
... Respondent
2. K.HARIDAS, EZHAMPOKKAL, NILAMPEROOR.P.O.
3. JOJO GOERGE, PATTARKALAM, ERA.P.O.,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.RAVINDRAN (SR.)
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :23/05/2009
O R D E R
K. BALAKRISHNAN NAIR & C.T.RAVIKUMAR, JJ.
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W.A.No.937 OF 2009
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Dated this the 23rd day of May, 2009
J U D G M E N T
~~~~~~~~~~~
Balakrishnan Nair, J.
The respondents in W.P.(C) No.11225/2009, feeling
aggrieved by the interim order passed by the learned Single
Judge in that case on 3.4.2009, have filed this writ appeal.
2. The brief facts of the case are the following:
The respondents herein are the managing committee
members of Nilamperoor Service Co-operative Bank. The Joint
Registrar of Co-operative Societies by Ext.P6 order dated
13.1.2009 superseded the managing committee of the Society.
The respondents herein along with others have challenged that
order before the Government by filing Ext.P8 appeal. Pending
appeal, they also sought stay of Ext.P6 order. But, the
Government dismissed the stay application and therefore, the
Joint Registrar of Co-operative Societies, Alappuzha, issued
Ext.P12 communication dated 2.4.2009 directing to implement Ext.P6.
W.A.No.937/2009 2
Challenging Ext.P12 and also seeking a direction not to
implement Ext.P6 till the disposal of Ext.P8 appeal, the writ
petition was filed. The learned Single Judge after hearing
both sides passed the impugned interim order granting
interim stay of Exts.P6 and P12 so as to enable the Board of
Directors to continue in office till the disposal of Ext.P8
appeal.
3. The appellants challenged the impugned order on
various grounds. But, we notice that it is only an interim
order, which will remain in force only till the disposal of
Ext.P8 by the Government or the disposal of the writ petition,
whichever is earlier. Normally, an appeal is not maintainable
against an interim order. The exceptional circumstances
under which a writ appeal can be entertained against an
interim order are detailed in the Larger Bench decision of
this Court in K.S.Das v. State of Kerala [1992 (2) KLT 358].
Going by the principles laid down in the above decision, we
find no ground has been made out to entertain this writ
appeal.
W.A.No.937/2009 3
In the result, the writ appeal fails and it is dismissed. It
is made clear that we have not expressed any opinion on the
merits of the contentions of the parties in the writ petition.
(K.BALAKRISHNAN NAIR, JUDGE)
(C.T.RAVIKUMAR, JUDGE)
ps