IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 29446 of 2007(E) -------------------------- PETITIONER(S): --------------- NOORUL ISLAM EDUCATIONAL TRUST, NICE GARDEN, ARALUMMOODU, NEYYATTINKARA, THIRUVANANTHAPURAM DIST. REP. BY ITS CHAIRMAN A.P.MAJEED KHAN. BY ADV. SRI.ANIL K.NARENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. 3. NEYYATTINKARA MUNICIPALITY, NEYYATTINKARA, THIRUVANANTHAPURAM DIST., REP. BY ITS SECRETARY. GOVERNMENT PLEADER FOR R.1,2 FOR R3: ADV. SRI. PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/05/2011, THE COURT ON 02/06/2011 DELIVERED THE FOLLOWING: smvd THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.29442 & 33226 OF 2007 ------------------------------------------- Dated this the 14th day of November, 2007 JUDGMENT The petitioner in W.P(C).33226/07 is a co-operative bank. It has come out with a project to have an Old Age Home. It appears to have struck an agreement for purchase of land. Such agreement requires to be considered by the competent official respondents for approval of the transaction in terms of the statutory rules. 2. W.P(C).29442/07 is filed by three persons who claim that they are class I members of the aforesaid bank. On behalf of the bank, it is submitted that they are defaulters of loan amounts availed from it. The contention of those persons is that if the project of Old Age Home fructifies, the bank is likely to loose commercially and also end up in a situation where it may have to be wound up. Primarily, these are contentions which the petitioners in W.P(C).29442/07 ought to have raised, if at all, in the General Body Meeting of the bank. This is how the WPC.29442/07 & 33226/07 Page numbers democratic pattern of governance of a co-operative society is to be maintained. Be that as it may, even assuming that no shred of objection has to be raised, this matter can be considered along with the request of the bank for approval of the proposal to purchase a property. Under such circumstances, these writ petitions are disposed of directing that Ext.P15 in W.P(C).33226/07 shall be taken up by the first respondent therein, considered and disposed of in accordance with law, after affording an opportunity to the bank as also to the petitioners in W.P(C). 29442/07, or to any of them to be heard. A final decision in this regard shall be taken within an outer limit of two weeks from the date of production of a copy of this judgment in view of the fact that the terms of the agreement between the bank and the proposed vendor is likely to end shortly. THOTTATHIL B.RADHAKRISHNAN, Judge kkb.