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High Court of KeralaWP(C)/1578/2015disposed of

Seethathod Service Co-Operative Bank Ltd.No.Q.421 v. Deputy Director Of Panchayat

2015-01-154 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 15TH DAY OF JANUARY 2015/25TH POUSHA, 1936 WP(C).No. 1578 of 2015 (V) ------------------------------------- PETITIONER(S):

----------------------- SEETHATHOD SERVICE CO-OPERATIVE BANK LTD.NO.Q.421, REPRESENTED BY ITS PRESIDENT, SEETHATHODE P.O., PATHANAMTHITTA - 689 645.

BY ADVS.SRI.P.N.MOHANAN SMT.I.VINAYAKUMARI SRI.C.P.SABARI RESPONDENT(S):

------------------------- 1.

DEPUTY DIRECTOR OF PANCHAYAT, OFFICE OF THE DEPUTY DIRECTOR, PATHANAMTHITTA - 689 657.

2.

SECRETARY, SEETHATHOD GRAMA PANCHAYAT, SEETHATHOD, PATHANAMTHITTA - 689 667.

3.

SEETHATHOD GRAMA PANCHAYAT, REPRESENTED BY PRESIDENT, SEETHATHOD, PATHANAMTHITTA - 689 667.

4.

AGRICULTURAL OFFICER, KRISHIBHAVAN, SEETHATHOD, PATHANAMTHITTA - 689 667.

R1 & R4 BY GOVERNMENT PLEADER SMT.K.A. SANGEETHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 1578 of 2015 (V) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

-------------------------------------- EXT. P1: A TRUE COPY OF THE AGREEMENT PETITIONER AND THE 2ND RESPONDENT DATED 29.3.2010.

EXT. P2: A TRUE COPY OF THE CIRCULAR NO.44/2009 DATED 24.6.2009 OF THE REGISTRAR.

EXT. P3: A TRUE COPY OF THE RUNNING ACCOUNT MAINTAIN BY THE PETITIONER BANK.

EXT. P4: A TRUE COPY OF THE RESOLUTION OF THE MEETING HELD ON 9.1.2015. EXT. P5: A TRUE COPY OF THE PETITIONER FILED BY SRI.JANEESH KUMAR DATED 9.1.2015.

EXT. P6: A TRUE COPY OF THE DISSENTING NOTE DATED 9.1.2015 OF THE SMT.LALITHA MURUPPEL.

EXT. P7: A TRUE COPY OF THE LETTER DATED 31.12.2014 OF THE AGRICULTURAL OFFICER.

EXT. P8: A TRUE COPY OF THE PETITIONER FILED BEFORE THE FIRST RESPONDENT.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A.M.SHAFFIQUE, J.

--------------------------------------------- W.P.(C) No.1578 of 2015 ---------------------------------------------- Dated this the 15th day of January, 2015

JUDGMENT

The petitioner has approached this Court inter alia seeking for a direction to the 1st Respondent to consider Ext.P8 in the light of Exts.P1 and P2.

2. The facts involved in the writ petition would disclose that the petitioner Bank had advanced large amounts to the 2nd Respondent Grama Panchayat to advance housing loan to 326 houseless people under the EMS Housing Loan Scheme, as directed by the Government of Kerala. An agreement had been executed and the Government have taken certain policy decisions which are evident from Exts.P1 and P2. According to the petitioner, now an attempt is being made by Ext.P4 to transfer the amounts to State Bank of Travancore. This is being challenged and a representation has been submitted by way of Ext.P8 to the 1st Respondent.

3. Heard the learned Government Pleader.

W.P.(C) No.1578/2015

4. Having regard to the nature of contentions raised, especially in the light of Exts.P1 and P2, I am of the view that the matter requires consideration by a competent authority and accordingly, there will be a direction to the 1st Respondent to consider Ext.P8 petition and pass appropriate orders thereon, within a period of fifteen days from the date of receipt of a copy of this judgment.

Sd/- A.M.SHAFFIQUE, JUDGE //true copy// P.S. To Judge St/-