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High Court of KeralaWA/211/2008disposed of

The Ernad Primary Co-Op. Agrl. & Rural v. The State Of Kerala And Others

2015-02-20Honourable Mr.Justice Antony Dominic2 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 20TH DAY OF FEBRUARY 2015/1ST PHALGUNA, 1936 WA.No. 211 of 2008 ( ) IN OP.29506/2000 ----------------------------------------- AGAINST THE JUDGMENT IN OP 29506/2000 of HIGH COURT OF KERALA DATED 01-11-2007 APPELLANT(S)/PETITIONER::

------------------------------------------------ THE ERNAD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.4363 KARUVAMBRAM P.O., MANJERI-676123, MALAPPURAM DIST. REPRESENTED BY ITS SECRETARY, ALAVI V.

BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S)/RESPONDENTS::

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1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT REGISTRATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM.

2. THE INSPECTOR GENERAL OF REGISTRATION, KERALA, THIRUVANANTHAPURAM.

3. THE DISTRICT REGISTRAR, MALAPPURAM.

4. THE SUB REGISTRAR (AMALGAMATED), OFFICE OF THE SUB REGISTRAR, MALAPPURAM.

5. THE SUB REGISTRAR, NILAMBUR.

6. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM.

R, BY SR GOVT PLEADER SRI.M.K.ABOOBACKER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

----------------------------------- W.A.No.211 of 2008 ----------------------------------- Dated this the 20th day of February, 2015

JUDGMENT

Antony Dominic, J.

This appeal is filed against the judgment of the learned single Judge in W.P(C).29506/00. The issues raised in this appeal are covered by the order of the Full Bench of this Court in Sub Registrar, Palakkad v. Kerala State Co-operative Consumers Federation Limited, Kochi [2015 (1) KHC 17]. Therefore, the appeal is disposed of clarifying that in case, in the light of the principles laid down in the aforesaid order, the appellant is eligible for any refund, it would be open for them to claim refund and the said claim will be considered by the concerned authority in accordance with law.

Sd/- ANTONY DOMINIC, Judge.

Sd/- ALEXANDER THOMAS, Judge.

kkb.

/True copy/ PS to Judge