IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 31603 of 2007(K) -------------------------- PETITIONER(S): --------------- KALLETTUMKARA SERVICE CO-OPERATIVE BANK NO.141, P.O.KALLETTUMKARA, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY N.C.JOSE. BY ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE SRI.M.A.ABDUL HAKHIM RESPONDENT(S): --------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY, CO-OPERATIVE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR. 4. M.S.ASANAR, MANAKULANGARAPARAMBIL HOUSE, KALLETTUMKARA-680683, THRISSUR DIST. GOVERNMENT PLEADER SRI.P.M. MANOJ R4 BY ADV. SMT.S.MUMTAZ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31603 of 2007 2 EXHIBITS ------------ PETITIONER'S EXHIBITS ------------------------------ P1:- A PHOTOSTAT COPY OF CIRCULAR NO.35/01 ISSUED BY THE 1ST RESPONDENT P2:- A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.A.NO.178/04 P3:- A PHOTOSTAT COPY OF THE CIRCULAR NO.30/07 ISSUED BY THE 1ST RESPONDENT P4:- A PHOTOSTAT COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT. //TRUE COPY// PA TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. ....................................................................... WP (C) NO. 31603 OF 2007 ............................................... Dated this the 26th day of March, 2010 J U D G M E N T The issue raised in this writ petition is regarding the scope of the power of the Government or Registrar of Co- operative Societies to issue circulars to grant one time settlement or to reduce rate of interest. In so far as, the petitioner is concerned, the said issue of law stands conclusively decided in its favour by Exhibit P2 Judgment of this Court. Hence, Exhibit P2 and P3 circular is set aside so far as the petitioner society is concerned. However, it is open to the co-operative societies to go for one time settlement. It is accordingly ordered that Exhibit P3 circular would not apply to the petitioner. This writ petition is ordered accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE. //True copy// PA to Judge rkc