Enanalloor Service Co-Operative Bank Ltd No 1447 v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU TUESDAY, THE 1ST DAY OF DECEMBER 2015/10TH AGRAHAYANA, 1937 WP(C).No. 36255 of 2015 (F) -------------------------------------- PETITIONER : - ---------------------- ENANALLOOR SERVICE CO-OPERATIVE BANK LTD NO 1447, AYAVANA P.O., PIN 686 668, REPRESENTED BY ITS SECRETARY.

BY ADVS.SRI.M.M.MONAYE SRI.M.PAUL VARGHESE SRI.T.KOSHY RESPONDENTS : - --------------------------

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.

2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL), ERNAKULAM, COCHIN 682 016.

BY SR. GOVERNMENT PLEADER SRI. K.C. VINCENT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 36255 of 2015 (F) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : PHOTOCOPY OF THE TENTATIVE BALANCE SHEET AS ON 31-03-2015.

EXHIBIT P2 : TRUE PHOTOCOPY OF THE STATEMENT SHOWING THE FINANCIAL POSITION OF THE BANK.

EXHIBIT P3 : TRUE COPY OF THE ORDER NO CRP(2) 9140/2013 DATED 17-2-2014 OF THE 2ND RESPONDENT ALONG WITH TRUE ENGLISH TRANSLATION OF EXT.P3.

EXHIBIT P4 : TRUECOPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT FREEZING THE ORDER ALONG WITH TRUE ENGLISH TRANSLATION OF EXT.P4.

EXHIBIT P5 : TRUE COPY OF THE STAY ORDER IN W.P(C) NO 6653/2014. EXHIBIT P6 : TRUE COPY OF THE REQUEST DATED 15-07-2015. EXHIBIT P7 : TRUE COPY OF THE MANAGING COMMITTEE RESOLUTION FOR SANCTION OF THE BRANCH DATED 12-06-2015 ALONG WITH TRUE ENGLISH TRANSLATION OF EXT.P7.

RESPONDENTS' EXHIBITS : - NIL.

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

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 36255 of 2015 ---------------------------------------- Dated this the 01st day of December, 2015

JUDGMENT

Heard the learned counsel for the petitioner Bank and the learned Government Pleader for the respondents, 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 Bank, desirous of opening a branch within its area of operation, has submitted Exhibits P6 and P7 applications before the second respondent. Ventilating its grievance that the second respondent has so far not disposed of those applications, the petitioner Bank has come before this Court.

3. In response to the submissions made by the learned counsel for the petitioner, the learned Government Pleader has submitted that the second respondent is willing to consider petitioner's Exhibits P6 and P7 representations in accordance with law.

W.P.(c) No. 36255 of 2015 In the facts and circumstances, having regard to the submissions of the learned counsel for the petitioner and the learned Government Pleader for the respondents, this Court, without expressing any opinion on the merits of the matter, disposes of the present writ petition with a direction to the second respondent to consider Exhibits P6 and P7 representations of the petitioner in accordance with law, and pass appropriate orders thereon as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. No order as to costs. DAMA SESHADRI NAIDU JUDGE DMR/-