High Court of KeralaWP(C)/19210/2012disposed of

Perintalmanna Service Co- Operative Bank Ltd v. The District Registrar (General) Malappuram

2015-02-20Honourable Mr.Justice Antony Dominic3 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 WP(C).No. 19210 of 2012 (A) ---------------------------- PETITIONER(S):

-------------------------- PERINTALMANNA SERVICE CO- OPERATIVE BANK LTD. NO. P534, REPRESENTED BY ITS CHIEF EXECUTIVE PERINTALMANNA-679322, MALAPPURAM DISTRICT.

BY ADVS.SRI.V.RAJENDRAN SMT.V.B.SANTHINI RESPONDENT(S):

----------------------------

1. THE DISTRICT REGISTRAR (GENERAL) MALAPPURAM-676501.

2. THE SUB REGISTRAR PERINTALMANNA-679322.

3. THE PERINTALMANNA CO-OPERATIVE MARKETING SOCIETY LTD. NO. F1179, REPRESENTED BY ITS SECRETARY PERINTALMANNA-679322.

4. THE LAND REVENUE COMMISSIONER THIRUVANANTHAPURAM-695033.

R BY SR GOVT PLEADER SRI.THOMAS JOHN AMBOOKEN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX IN WPC.19210/12 PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF CERTIFICATE 26-07-2012 OF THE 3RD RESPONDENT. EXHIBIT P2: TRUE COPY OF THE GOVERNMENT ORDER G.O.(MS)795/60.AGRL. DATED 08-10-1960.

EXHIBIT P3: TRUE COPY OF THE SALE DEED DATED 19-03-2011 EXECUTED ON BEHALF OF THE 3RD RESPONDENT SOCIETY.

EXHIBIT P4: TRUE COPY OF THE PROCEEDINGS DATED 05-07-2012 OF THE 1ST RESPONDENT.

EXHIBIT P5: TRUE COPY OF THE JUDGMENT DATED 02-02-2012 IN WPC NO.19009 OF 2010.

/True copy/ PS to Judge

ANTONY DOMINIC & ALEXANDER THOMAS, JJ.

----------------------------------- W.P(C).No.19210 of 2012 ----------------------------------- Dated this the 20th day of February, 2015

JUDGMENT

Antony Dominic, J.

The issue raised in this writ petition is 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 writ petition is disposed of clarifying that in case, in the light of the principles laid down in the aforesaid order, the petitioner 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.