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High Court of KeralaWP(C)/33899/2014disposed of

Udayagiri Service Co-Operatve Bank Ltd No. I - 41 v. Thankamany Service Co-Operative Bank Ltd No. K 281

2015-01-13Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 WP(C).No. 33899 of 2014 (J) ------------------------------------- PETITIONERS:

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1. UDAYAGIRI SERVICE CO-OPERATVE BANK LTD NO. I - 41 PRAKASH P.O. KATTAPPANA, IDUKKI DISTRICT REPRESENTED BY ITS SECRETARY, SANOJ SEBASTIAN.

2. REGHUNATHAN ADMINISTRATIVE COMMITTEE MEMBER UDAYAGIRI SERVICE CO-OPERATIVE BANK LTD.NO.I-41 RESIDING AT NELLAMKUZHIYIL HOUSE M.K.PADY P.O.PUSHPAGIRI, IDUKKI DISTRICT.

BY ADVS.SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS:

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1. THANKAMANY SERVICE CO-OPERATIVE BANK LTD NO. K 281 THANKAMANI P.O., IDUKKI DISTRICT REPRESENTED BY ITS SECRETARY - 685 515

2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) IDUKKI - 685 603.

BY SPL. GOVERNMENT PLEADER SRI. D. SOMASUNDARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 33899 of 2014 (J) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

A TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF 1 AND 4 OF THE BYELAW OF THE PETITIONER SOCIETY.

EXT.P-2:

A TRUE PHOTOSTAT COPY OF THE RELEVANT PAGES OF 1 AND 4 OF THE BYELAW OF THE IST RESPONDENT BANK.

EXT.P-3:

A TRUE PHOTOSTAT COPY OF THE ORDER DATED 21.2.2014 ISSUED BY THE 2ND RESPONDENT EXT.P-4:

A TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT EXT.P-5:

A TRUE COPY OF THE COMMUNICATION DATED 30.10.2014 ISSUED BY THE 2ND RESPONDENT TO THE IST PETITIONER RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 33899 OF 2014 ---------------------------------------- Dated this the 13th day of January, 2015

JUDGMENT

The area of operation of the first petitioner bank extends to the place 'Prakash' as evident by Ext. P1 registered bye-laws. The petitioners are aggrieved by Ext. P3 order whereunder the first respondent bank has been permitted to open a branch at 'Prakash'.

2.

The petitioners have in this regard moved the second respondent by Ext.P4 representation. The petitioners assert that such opening of a branch would not be in the best interest of the co-operative movement.

3.

The petitioners rely on Section 7(1)(c) and Section 74B(2) of the Kerala Co-operative Societies Act. Reliance is also placed on Rule 4(v) of the Kerala Co-operative Societies Rules in this regard. The second respondent has issued a peremptory direction in Ext. P5 order to the first respondent bank.

4.

It is admitted that the matter is engaging the attention of the second respondent. It is only proper that the

W.P.(C). NO. 33899 OF 2014 2 second respondent takes the proceedings to a logical end. The needful shall be done with notice to the petitioners as well as to the first respondent bank. Every endeavour shall be made to take a final decision within a period of two months. The writ petition is disposed of.

V. CHITAMBARESH JUDGE