High Court of KeralaWP(C)/19368/2015disposed of

Elamadu Service Co-Operative Bank Ltd. v. The Joint Registrar Of Co-Operative Societies (General)

2015-09-16Honourable Mr. Justice Dama Seshadri Naidu5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 16TH DAY OF SEPTEMBER 2015/25TH BHADRA, 1937 WP(C).No. 19368 of 2015 (U) ---------------------------- PETITIONER:

-------------- ELAMADU SERVICE CO-OPERATIVE BANK LTD.NO.Q.382, ELAMADU P.O., AYOOR, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY.

BY ADVS.SRI.K.SIJU SMT.S.SEETHA RESPONDENTS:

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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM-691 001.

2. P.SIVASANKARA PILLAI, FORMER SECRETARY, ELAMADU SERVICE CO-OPERATIVE BANK, RESIDING AT MOOZHIYIL HOUSE, PARAMKODU, UMMANNOOR P.O., KOLLAM DISTRICT-691 520.

3. XAVIOUR MATHEW, MEMBER NO.12104, KARINTHOLIL, PARAMKODU, UMMANNOOR P.O., KOLLAM DISTRICT-691 520.

4. K.R.SATHEESH, KRISHNA BHAVANAM, ARKKANNOOR P.O., AYOOR, KOLLAM DISTRICT-691 533.

5. SIVASANKARA PILLAI, MEMBER NO.2335, MANGALATHU HOUSE, ELAMADU P.O., KOLLAM-691 533.

R BY SRI. G. GOPAKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19368 of 2015 (U) ---------------------------- APPENDIX PETITIONER'S EXHIBITS :

----------------------------- P1 : COPY OF PETITION IN ARC NO.2337/2011 PENDING BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM.

P2 : COPY OF PETITION IN ARC NO.2338/2011 PENDING BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM.

P3 : COPY OF PETITION IN ARC NO.2339/2011 PENDING BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM.

P4 : COPY OF PETITION IN ARC NO.2340/2011 PENDING BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM.

P5 : COPY OF JUDGMENT DTD.30.5.2013 IN WPC NO.10137/2013. P5(a): COPY OF JUDGMENT DTD.30.5.2013 IN WPC NO.10144/2013. P5(b): COPY OF JUDGMENT DTD.30.5.2013 IN WPC NO.10145/2013. P6 : COPY OF JUDGMENT IN WPC NO.4848/2014 DTD.6.3.2014. RESPONDENTS' EXHIBITS : NIL ------------------------------- /True Copy/ P.A to Judge.

DAMA SESHADRI NAIDU, J.

---------------------------------- W.P. (C) No. 19368 of 2015 (U) ---------------------------------- Dated this the 16th day of September, 2015.

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. The petitioner, a Co-Operative Bank, filed Exts.P1 to P4 ARCs in 2011, but still could not have them disposed of by the first respondent. Seeking their expeditious disposal, the petitioner has approached this Court.

3. In response to the submissions made by the learned counsel for the petitioner, the learned Government Pleader has submitted that the delay in the disposal of Exts.P1 to P4 ARCs is on account of the petitioner's failure to produce the necessary documents. At any rate, he has agreed that the first respondent is willing to dispose of Exts.P1 to P4 ARCs within six months. In the facts and circumstances, having regard to the respective submissions of the learned Counsel for the petitioner and the

W.P.(C). No. 19368/2015 -2learned Government Pleader, this Court disposes of the writ petition with a direction to the first respondent to consider the petitioner's Ext.P1 to P4 ARCs in accordance with law and pass appropriate orders thereon, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. sd/- DAMA SESHADRI NAIDU, JUDGE.

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