IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 5316 of 2011(L) ------------------------- PETITIONER(S): --------------- 1. SUNNY JOSE, AGED 42 YEARS, S/O.JOSEPH KAPPATTUMALA, KANNAZHATH HOUSE, SANTHINAGAR P.O., 673573, THAMARASSERY VIA, KOZHIKODE DISTRICT, MEMBER NO. 5480 (MEMBER OF THE BOARD OF DIRECTORS OF THE BANK AND THE CHAIRMAN,KODANCHERRY GRAMA PANCHAYATH STANDING COM 2. K.U.SUNNY, AGED 45 YEARS, S/O.ULAHANNAN, KARIKOMBIL HOUSE, POST KODANCHERRY-673 580, KOZHIKODE DISTRICT, MEMBER NO.5761. 3. ANTONY MATHAI, AGED 53 YEARS, S/O.MATHAI, NEERVELIL HOUSE, MEEMUTTY POST, VIA KODANCHERRY KOZHIKODE DISTRICT, MEMBER NO.4221, (PRESIDENT, KODANCHERRY GRAMA PANCHAYATH). 4. CHINNA ASOKAN, AGED 49 YEARS, NADUVILAYIL HOUSE, KODANCHERRY POST-673580 KOZHIKODE DISTRICT, MEMBER NO.9070 (WARD MEMBER KODANCHERRY GRAMA PANCHAYATH, KOZHIKODE DISTRICT). BY ADV. SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN RESPONDENT(S): --------------- 1. THE KODANCHERRY SERVICE CO-OPERATIVE BANK LTD. NO.F1762, KODANCHERRY POST PIN:673580, KOZHIKODE DISTRICT, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, THE KODANCHERRY SERVICE CO-OPERATION BANK LTD. NO. F 1762, KODANCHERRY POST, PIN: 673 580, KOZHIKODE DISTRICT 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PUTHIYARA POST, KOZHIKODE 673001. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001. 5. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 5316 of 2011 ------------------------------- Dated this the 3rd day of March, 2011 J U D G M E N T The petitioners are members of the first respondent bank. A special general body meeting of the members of the bank was held on 31.1.2011 to consider the amendments proposed to the bye laws of the bank. One of the amendments was that the share value of A-Class members will stand enhanced from Rs.50 to Rs.300/-. The motion for amendment of the bye laws was carried by majority. Aggrieved thereby, the petitioners have filed Ext.P5 representation before the Joint Registrar of Co-operative Societies (General), Kozhikode contending that the decision of the general body is not based in the interests of the bank. In this writ petition, the petitioner seeks a direction to the Joint Registrar of Co-operative Societies (General), Kozhikode to take a decision on Ext.P5. 2. The learned Government Pleader appearing for the official respondents on instructions submitted that the resolution adopted by the general body of the first respondent bank was received in the office of the Joint Registrar on 23.11.2011, that the Joint Registrar has thereupon called for the remarks of the financing bank W.P.(C) No.5316 of 2011 2 and that a decision on the question whether the amendment should be registered or not will be taken after receipt of the report from the financing bank. In such circumstances, as the amendments are yet to be registered, I am of the opinion that the third respondent should consider the grievance voiced by the petitioners in Ext.P5 before taking a decision in the matter. I accordingly dispose of the writ petition with a direction to the third respondent to consider the grievance voiced by the petitioner in Ext.P5 and take an appropriate decision thereon simultaneous with the decision on the registration of amendment of the bye-laws expeditiously. If the Joint Registrar of Co-operative Societies finds that there is merit and force in the contention of the petitioners, it shall issue notice to the bank and its office bearers and shall hear them also before taking a decision in the matter. While taking a decision in the matter, the Joint Registrar of Co-operative Societies shall also bear in mind the fact that the challenge to the venue of the general body meeting was repelled by this Court in W.P.(C) No.2775 of 2011. P.N. RAVINDRAN, JUDGE. nj.