IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WP(C).No. 5938 of 2009(J) ------------------------- PETITIONER(S): --------------- 1. P.GANGADHARAN NAIR, PRESIDENT, THE KASARAGOD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.113, KASARAGOD - 671121. 2. V.SURENDRAN, PRESIDENT, THE PALAKKAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO F-1029, PALAKKAD - 678014. 3. JOSEPH CHALISSERY, PRESIDENT, THE COCHIN PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO. 329, CIVIL LANE, ROAD, TRICHUR - 680004. 4. JACOB STEPHEN, PRESIDENT, THE KOTTAYAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.K-48, P.B.NO.198, BAKER JUNCTION, KOTTAYAM - 686 001. 5. CHITHARA MADHU, PRESIDENT, THE KOLLAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.Q.167, P.B.NO.292, KOLLAM - 691 001. 6. K.K.JINNAS, PRESIDENT, THE ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO E-87, ALUVA P.O., BRIDGE ROAD, ALUVA - 683 101. 7. E.J.AUGESTY, PRESIDENT, THE MEENACHIL CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO. 197, PALAI - 686 575. 8. OOMMEN ALEXANDER, PRESIDENT, THE PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.A 159, THIRUVALLA P.O., THIRUVALLA - 689 101. 9. THEKKAIL AMMED, PRESIDENT, THE VADAKARA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.F-1857, KAKKATTIL P.O., VADAKARA - 673 507. 10. J.MOHANAN, PRESIDENT, THE PATHANAMTHITTA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.Q-390, PATHANAMTHITTA - 689 654. 11. A.C.S.WARRIOR, PRESIDENT, THE IRINGALAKUDA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.R-312, IRINGALAKUDA - 690 121. 12. JOSE PALATHINAL, PRESIDENT, THE MALANAD CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO K-352, NADUMKANDAM P.O., IDUKKI DISTRICT - 685 553. 13. K.V.NARAYANAN, PRESIDENT, THE HOSDURG PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO C 390, P.B.NO.7, KANHANGAD P.O. 14. M.K.VIJAYAN, PRESIDENT, THE KARTHIKAPPALLY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO A-326, HARIPPAD P.O., ALAPPUZHA - 690514. 15. SOLAMAN ALEX, PRESIDENT, THE NEYYATTINKARA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.T-417, NEYYATTINKARA - 695 121. 16. C.S.PANKAJAKSHAN, PRESIDENT, THE CHERTHALA CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.A 327, CHERTHALA P.O., 688 624. 17. V.SUDHAKARAN, PRESIDENT, THE ERNAD PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.4363, KARUVAMBRAM P.O., MANJERI, MALAPPURAM - 676 123. 18. P.S.SHIVADAS, PRESIDENT, THE CHITTUR PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.P-619, CHITTUR - 678101. 19. K.I.ANTONY, PRESIDENT, THE THODUPUZHA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.4388, P.B.NO.13, THODUPUZHA P.O., - 685 584. 20. A.MOHAMMED BASHEER, PRESIDENT, THE MUVATTUPUZHA - KOTHAMANGALAM PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.4389, MUVATTUPUZHA - 686 661. 21. T.J.THOMAS, PRESIDENT, VAIKOM TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO. K 951, VAIKOM - 686 141. 22. M.M.AVARAN, PRESIDENT, KUNNATHUNAD TALUK CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD NO.E-982, KUNNATHUNAD, PERUMBAVOOR - 683 547. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARGOD. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. 5. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. 6. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 7. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 8. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. 9. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PATHANAMTHITTA. 10. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 11. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, IDUKKI. 12. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM. 13. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. 14. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 15. KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK NO.4017, THIRUVANANTHAPURAM, REPRESENTED BY THE MANAGING DIRECTOR. 16. THE RETURNING OFFICER, KERALA STATE CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK NO.4017, THIRUVANANTHAPURAM. BY SPL.G.P .ANEETHA.A.G THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sks/- THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.5938 of 2009-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of February, 2009. JUDGMENT The twenty-two petitioners in this writ petition are Presidents of different Primary Co-operative Agricultural and Rural Development Banks. They apprehend that the statutory authorities under the KCS Act may take excessive action beyond jurisdiction either under Section 32 or under Section 33 in a manner to stultify the right of those primary societies to vote through their delegates in the election to the committee of the Kerala State Co-operative Agricultural and Rural Development Bank, which is scheduled to be held on 28-2-2009. Having perused the pleadings and the materials on record, I am not inclined to take the view that there is serious apprehension of any such WP(C)5938/2009 -: 2 :- situation, particularly when it would not be appropriate for this Court to assume that the law would be broken. The statutory authorities and the Government would, obviously, act in terms of the statute and the laws and the presumption is always in favour of the likelihood of only such action. It is also stated by the learned Special Government Pleader that the Government and the statutory authorities would not, in any manner, act as apprehended and there is no reason for any apprehension since no action would, however, be taken except in accordance with law. This is recorded. The writ petition is accordingly closed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/250209