Judgment:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 11TH DAY OF JULY 2013 20TH ASHADHA, 1935 WP(C).No. 31476 of 2011 (H) ---------------------------- PETITIONER: ----------- GEORGE KURIAN LAB ASSISTANT AND SECRETARY IN CHARGE OF THE KIZHAKOMBU KSHEEROLPADAKA CO-OP.SOCIETY LTD.NO.E258 (D) (APCOS) ANAND PATTERN CO-OP.SOCIETIES, (UNDER DIMISSAL), RESIDING AT KANDATHIL HOUSE, KIZHAKOMBU P.O 686662, KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS: ------------ 1. KIZHAKOMBU KSHEEROLPADAKA CO-OPERATIVE SOCIETY LTD.NO.E258 (D) (APCOS) ANAND PATTERN CO-OPERATIVE SOCIETIES, KIZHAKOMBU P.O. 686662, KOOTHATTUKULAM ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY.
2. THE PRESIDENT, BOARD OF MANAGEMENT OF THE KIZHAKOMBU KSHEEROLPADAKA CO-OP.SOCEITY LTD.NO.E258 (D) (APCOS) ANAND PATTERN CO-OPERATIVE SOCIETIES, KIZHAKOMBU P.O. 686662, KOOTHATTUKULAM ERNAKULAM DISTRICT.(THE ADDRESS OF R2 IS DELETED AND SUBSTITUTED AS PER ORDER DATED 02 07.2013 IN IA 8597/2013 AS : "THE BOARD OF MANAGEMENT OF THE KIZHAKOMBU KSHEEROLPADAKA CO-OPERATIVE SOCEITY LTD.NO.E258 (D) (APCOS),KIZHAKOMBU P.O. 686662 KOOTHATTUKULAM, ERNAKULAM DISTRICT REPRESENTED BY ITS PRESIDENT.) R1 BY ADV. SRI.M.G.KARTHIKEYAN R1 BY ADV. SMT.DIVYA B.NAIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31476 of 2011 (H) A P P E N D I X PETITIONER'S EXHIBITS EXT.P-1: A TRUE PHOTOCOPY OF THE SUSPENSION ORDER. EXT.P-2: A TRUE COPY OF THE ENQUIRY REPORT DATED 9 10/2011 SUBMITTED BY PETER K ELIAS, ADVOCATE. EXT.P-3: A TRUE PHOTO COPY OF THE SECOND ENQUIRY REPORT DATED 22 7/2011 SUBMITTED BY SAJI MATHEW ADVOCATE MANAGEMENT OF THE RESPONDENT SOCIETY. EXT.P-4: A TRUE PHOTOCOPY OF THE DECISION DATED 12 8/2011 RECEIVED TO THE PETITIONER. EXT.P-5 A PHOTO COPY OF THE APPEAL MEMORANDUM DATED OCTOBER 2011 EXT.P-6: A PHOTOCOPY OF THE NOTICE DATED 4 11/2011 ALONG WITH THE COPY OF THE AUDIT REPORT FOR THE YEAR 2007 2008. /TRUE COPY/ P.A TO JUDGE K.SURENDRA MOHAN, J.
----------------------------------------------------- W.P(c) No.31476 of 2011-H ---------------------------------------------------- Dated this the 11th July, 2013 JUDGMENT
The limited relief sought for by the petitioner when this Writ Petition is taken up today is for a direction to the 2nd respondent to consider Ext.P5 appeal filed by him against Ext.P4 decision of the Disciplinary Sub Committee. The learned counsel for respondents 1 and 2 has no objection to such a direction being issued. In view of the above, this Writ Petition is disposed of directing the 2nd respondent to consider Ext.P5 appeal submitted by the petitioner in accordance with law and to pass appropriate orders thereon after hearing the petitioner as well as other interested persons, as expeditiously as possible and at any rate, within a period of two months of the date of receipt of a copy of this judgment. Pending final disposal of Ext.P5, the interim order granted in this case shall continue to be in force. The prayer for Subsistence Allowance made by the petitioner is left open. Sd/- (K.SURENDRA MOHAN, JUDGE) rtr/