Thenhipalam Co-Operative Rural Bank Ltd.No.668 v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE MONDAY, THE 26TH DAY OF OCTOBER 2015/4TH KARTHIKA, 1937 WP(C).No. 11919 of 2014 (L) ---------------------------- PETITIONER :
--------------------- THENHIPALAM CO-OPERATIVE RURAL BANK LTD.NO.M.668 THENHIPALAM P.O., MALAPPURAM, REPRESENTED BY ITS PRESIDENT. BY ADVS.SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.A.K.RAJESH RESPONDENT(S) :
----------------------------
1. STATE OF KERALA REPRESENTED BY THE SECRETARY CO-OPERATION (C) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) MALAPPURAM, PIN - 673 505.
3. THENHIPALAM SERVICE CO-OPERATIVE BANK LTD. NO. D.1969 THENHIPALAM, MALAPPURAM, PIN - 673 636 REPRESENTED BY ITS SECRETARY.
R1 & R2 BY SR. GOVT. PLEADER SRI. C.R. SYAM KUMAR R3 BY ADV. SRI.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/-
WP(C).No. 11919 of 2014 (L) ---------------------------------------- APPENDIX PETITIONER' EXHIBITS :
------------------------------------- EXHIBIT-P1TRUE COPY OF THE REPORT NO. F 1520/2011 DATED 25/07/2012 OF THE ASSISTANT REGISTRAR.
EXHIBIT-P2TRUE COPY OF THE REPORT NO. 7549/2012 DATED 03/01/2013 OF THE ASSISTANT REGISTRAR.
EXHIBIT-P3TRUE COPY OF THE ORDER NO. CP (2) 18111/2013 DATED 26/07/2013. EXHIBIT-P4TRUE COPY OF THE ORDER NO. CRP (2) 6334/2012/K.DIS DATED 03/03/2014 OF THE 2ND RESPONDENT.
EXHIBIT-P5TRUE COPY OF THE CIRCULAR NO. 40/2013 DATED 17/06/2013. EXHIBIT-P6TRUE COPY OF THE COMMUNICATION NO. A 1583/2013 DATED 06/09/2013.
EXHIBIT-P7TRUE COPY OF THE CERTIFICATE OF THE 3RD RESPONDENT. EXHIBIT P8TRUE COPY OF THE RELEVANT PAGE OF ITS BYE-LAWS OF THE PETITIONER.
EXHIBIT P9TRUE COPY OF THE APPLICATION UNDER THE RIGHT INFORMATION ACT DATED 21-8-2013.
EXHIBIT P10- TRUE COPY OF THE COMMUNICATION NO. CRP(2) 5129/2013 DATED 2-9-2013.
EXHIBIT P11COPY OF THE COMMUNICATION NO. A 1583/2013 DATED 6-9-2013. EXHIBIT P12- COPY OF THE ORDER NO. CRP (2) 9042/11/K.DIS DATED 15-6-2012. RESPONDENT(S)' EXHIBITS : NIL --------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
A.M. SHAFFIQUE, J.
============= W.P. (C) No. 11919 of 2014 =================== Dated this, the 26th day of October, 2015
J U D G M E N T
Petitioner challenges Ext.P4 order dated 3/3/2014 by which the Joint Registrar (General) of Co-operative Societies permitted the respondent Society to start a branch office. The grant of permission was based on certain conditions and condition No.9 clearly indicated that the grant is for a period of one year and that it will be extended only after evaluation of the functioning. 2.
Learned counsel appearing for the respondent society submits that after evaluation, his branch had been permitted to be continued and it is still functioning. Having regard to the fact that subsequent orders had already been passed pursuant to Ext.P4, I do not think it necessary to keep the writ petition pending. Petitioner will have to challenge the subsequent order, if so advised.
Reserving the right of the petitioner to challenge the said
W.P(C) No.11919/14 -:2:- proceedings, this writ petition is closed leaving open all contentions urged in this writ petition.
Sd/- A.M. SHAFFIQUE, JUDGE Rp 27/10/2015 Rp //True Copy// P.S to Judge