High Court of KeralaWP(C)/28176/2014disposed of

Puduppadi Service Co-Operative Bank Ltd.No.F.1830 v. The Joint Registrar Of Co-Operative Societies(General),Kozhikode

2015-01-09Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 9TH DAY OF JANUARY 2015/19TH POUSHA, 1936 WP(C).No. 28176 of 2014 (V) ---------------------------- PETITIONER:

-------------- PUDUPPADI SERVICE CO-OPERATIVE BANK LTD.NO.F.1830, PUDUPPADI P.O, CALICUT, REPRESENTED BY ITS SECRETARY BY ADVS.SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.A.K.RAJESH SRI.VENKATESH GOPI RESPONDENTS:

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

1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE, PIN 673 004

2. KARASSERY SERVICE CO-OPERATIVE BANK LTD. NO D 2628, KARASSERY P.O, KOZHIKODE, 673602 REPRESENTED BY ITS SECRETARY R2 BY ADV. SRI.P.P.JACOB R BY GOVERNMENT PLEADER SRI.T.R.RAJESH.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 28176 of 2014 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ---------------------------- EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WPC NO 16600/2013 DATED 26-07-2013 EXHIBIT P2 TRUE COPY OF THE ORDER NO AEL 5910/2013 DATED 05-11-2013 OF THE IST RESPONDENT EXHIBIT P2(A) TRUE COPY OF THE COMMUNICATION NO. CRP/3480/13/L.DIS DATED 19-12-2013 EXHIBIT P3 TRUE COPY OF THE REPLY NO. JS 7448/14 DATED 16-10-2014 ISSUED BY PUDUPPADI GRAMA PANCHAYATH EXHIBIT P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE IST RESPOINDENT DATED 20-10-2014 EXHIBIT P5 TRUE COPY OF THE RELEVANT PORTION OF THE BYE LAW OF THE PETITIONER RESPONDENT(S)' EXHIBITS : NIL.

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

V.CHITAMBARESH, J.

--------------------- W.P (C) No.28176 of 2014 --------------------- Dated this the 9th day of January, 2015

J U D G M E N T

The apprehension is that the second respondent Bank may open its branches within the area of operation of the petitioner Bank. The petitioner Bank contends that the area of operation of similar types of Bank shall not overlap. Reliance is placed on Section 7(1) (c) of the Kerala Co-operative Societies Act.

2. The second respondent submits that no application for opening a Branch within the area of operation of the petitioner Bank has hitherto been filed. Therefore the writ petition is filed on an mere apprehension and is pre-mature is the contention.

3. The writ petition is disposed of with the following directions:- i) Any application put in by the second respondent Bank for opening a Branch in the area of operation of the petitioner Bank shall

W.P (C) No.28176 of 2014.

be considered only in accordance with law.

ii) Any such application shall be dealt with only after due notice of hearing to the petitioner Bank also.

Sd/- V.CHITAMBARESH, Judge.

nj.