The Vadakkamcherry Co-Operative Service Bank Ltd. v. The Registrar Of Co-Operative Societies

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU WEDNESDAY, THE 1ST DAY OF JULY 2015/10TH ASHADHA, 1937 WP(C).No. 19762 of 2015 (U) ----------------------------------------- PETITIONER : - ---------------------- THE VADAKKANCHERRY CO-OPERATIVE SERVICE BANK LTD., NO.F.1219, P.O.VADAKKENCHERY, PIN 678683, PALAKKAD DISTRICT, REPRESENTED BY ITS SECRETARY BY ADVS.SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN RESPONDENTS : - ---------------------------

1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM - 695001.

2. KERALA STATE AGRO CO OPERATIVE LTD. NO.4437, (AGREENCO LTD) 2ND FLOOR, ABNA COMPLEX, PALLIKKUNNU, KANNUR PO, KANNUR DISTRICT 670004, REPRESENTED BY ITS MANAGING DIRECTOR.

3. THE BOARD OF DIRECTORS, KERALA STATE AGRO CO OPERATIVE LTD. NO.4437, (AGREENCO LTD), 2ND FLOOR, ABNA COMPLEX, PALLIKKUNNU, KANNUR PO., KANNUR DISTRICT 670004, REPRESENTED BY ITS CHAIRMAN. BY SR. GOVERNMENT PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19762 of 2015 (U) ---------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1: TRUE COPY OF REQUEST BY R3 TO PETITIONER. EXHIBIT P2 : TRUE COPY OF FD RECEIPT NO.30 DATED 01.08.2006. EXHIBIT P3 : TRUE COPY OF FD RECEIPT NO.31 DATED 01.08.2006. EXHIBIT P4 : TRUE COPY OF LETTER DATED 30.08.2007 BY R2. EXHIBIT P5 : TRUE COPY OF LETTER DATED 15.05.2013 BY PETITIONER. EXHIBIT P6 : TRUE COPY OF LETTER DATED 29.05.2014 BY PETITIONER. EXHIBIT P7 : TRUE COPY OF LETTER DATED 09.06.2014 BY R2. EXHIBIT P8 : TRUE COPY OF PETITION DATED 28.03.2015 BEFORE R1. RESPONDENTS' EXHIBITS : - NIL.

--------------------------------------- // TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 19762 of 2015 ---------------------------------------- Dated this the 01st day of July, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondent, apart form 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. Briefly stated, the petitioner, a Co-operative Bank, deposited with the second respondent Apex Society Rs.50,00,000/-, as evidenced by Exhibits P2 and P3 fixed deposit receipts, the period of deposit being 91 days. In course of time, when the petitioner has sought the repayment of the deposited amount, the second respondent did not accede to the request. Aggrieved thereby, the petitioner is said to have submitted Exhibit P8 representation before the first respondent, who is yet to consider it. Seeking an expeditious consideration of Exhibit P8 representation by the first respondent, the petitioner has

W.P.(c) No. 19762 of 2015 filed the present writ petition.

3. The learned Government Pleader, in response to the submissions made by the learned counsel for the petitioner, has submitted that the first respondent will make every endeavour to dispose of Exhibit P8, at the earliest. In the facts and circumstances, having regard to the respective submissions of the learned counsel for the petitioner and the learned Government Pleader, this Court, without adverting to the merits of the matter, disposes of the writ petition with a direction to the first respondent to consider Exhibit P8 representation of the petitioner and pass appropriate orders thereon, in accordance with law, as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. With the above observation, this writ petition is disposed of. No order as to costs.

DAMA SESHADRI NAIDU JUDGE DMR/-