Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE S.SIRI JAGAN & THE HONOURABLE MR.JUSTICE K.HARILAL WEDNESDAY, THE 30TH DAY OF JANUARY 2013 10TH MAGHA 193 WA.No. 156 of 2013 () --------------------- (AGAINST THE ORDER DATED 16 1.13 IN UNNUMBERED WRIT PETITION) APPELLANT(S): ------------------------ P.MUKUNDAN PRESIDENT KANNUR KALLU KOTHU THOZHILALI KSHEMA SAHAKARANA SANKHAM LTD NO.S IND(C) 71,DHARMASALA,PARASSINIKKADAVU P.O. KANNUR DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION,SECRETRIAT THIRUVANANTHAPURAM-695 001.
2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) THIRUVANANTHAPURAM-695 001.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KANNUR.
4. THE KANNUR DISTRICT CO-OPERATIVE BANK LTD KANNUR REPRESENTED BY ITS GENERAL MANAGER,KANNUR-1.
5. THE ADMINISTRATOR KANNUR DISTRICT CO-OPERATIVE BANK LTD,KANNUR-1. GOVERNMENT PLEADER SMT.P.A.RAZIYA. ADV.SMT.M.MEENA JOHN THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 30-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN & K.HARILAL, JJ.
================== W.A.No.156 of 2013 ================== Dated this the 30th day of January, 2013 JUDGMENT
Siri Jagan, J.
The appellant, who is the President of the Kallu Kothu Thozhilali Kshema Sahakarana Sankham Ltd., Dharmasala, filed the writ petition (unnumbered) aggrieved by the action of the respondents in appointing administrators of certain liquidated societies mentioned in Ext.P1 list. The Registry raised an objection to the effect that the appellant did not have locus standi to file the writ petition. The appellant did not agree with the objection raised by the Registry. Therefore, the matter was placed before the learned Single Judge, who upheld the objection raised and directed the Registry not to number the writ petition. The appellant has filed this writ appeal challenging the order of the learned Single Judge. According to the appellant, the Registry has no power to raise an objection regarding the locus standi of a petitioner in a writ petition, which power exclusively rests with the court.
2. We have heard the learned counsel for the appellant.
3. Even if the Registry cannot raise such an objection, W.A.156/13 - :
2. :- we are of opinion that what the appellant espouses is not a personal grievance of himself, but a public cause. For that he has to necessarily file a public interest litigation. The writ petition was not constituted as a public interest litigation. Therefore, the writ petition was not certainly maintainable since the appellant did not have locus standi to file the same except as a public interest litigation. Therefore, we are not inclined to interfere with the order of the learned Single Judge. But we make it clear that the same will not stand in the way of the appellant filing a public interest litigation on the same cause of action. The writ petition shall be returned to the appellant. The writ appeal is dismissed with the above observation. Sd/- S.SIRI JAGAN, JUDGE Sd/- sdk+ K.HARILAL, JUDGE ///True copy/// P.A. to Judge W.A.156/13 - :
3. :-