IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 15110 of 2007(W) ----------------------------------- PETITIONER: ---------------- K.C.DEVASSY, PRESIDENT, PAZHAYANNUR BLOCK MARKETING CO-OPERATIVE SOCIETY LTD.NO.R-890, PAZHAYANNUR, TRICHUR DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT: ---------------- THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), TRICHUR. BY GOVERNMENT PLEADER SMT. M.K. PUSHPALATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15110/2007(W) A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF THE COMMUNICATION NO. PL(2)4579/ 2006-07 DATED 24-2-2007. EXT. P2 : COPY OF THE RECEIPT DATED 22-3-2007. EXT. P3 : COPY OF THE COMMUNICATION NO. C.R.B.2680/2007 DATED 5-5-2007. EXT. P4 : COPY OF THE COMMUNICATION DATED 7-5-2007. EXT. P5 : COPY OF THE COMMUNICATION NO. C.R.B. 2680 DATED 9-5-2007. EXT. P6 : COPY OF THE COMMUNICATION DATED 16-1-2008. EXT. P7 : COPY OF THE RECEIPT DATED 16-1-2008. EXT. P8 : COPY OF THE NOTICE NO. CB(4) 59524/07 DATED 7-1-2008. // True Copy // P.A. to Judge. sv THOTTATHIL.B.RADHAKRISHNAN, J. --------------------------------- W.P(c).No.15110 OF 2007 ------------------------------------ Dated this the 22nd day of January, 2008 JUDGMENT Trichur District Co-operative Bank granted a facility to the petitioner, Pazhayannur Block Marketing Co-operative Society Ltd. No. 890. Such facility was renewed from time to time. The petitioner is a Co-operative Society and the Trichur District Co-operative Bank is Central Society. They are independent democratic institutions with clear decision making powers within the framework of the Co-operative Societies Act and Rules. The Registrar of Co-operative Society or the officer exercising the power of that officer is entitled to issue directions. But no direction can be issued affecting the business activities between the two co-operative societies, interfering with the grant of a loan or other facility, unless, of course, such facility is shown to be palpably converse to the statutory injunctions. For that short reason, Ext.P5 direction of the respondent Joint Registrar requiring Trichur District Co-operative Bank to dis-continue the facility extended to the petitioner society is without jurisdiction and contrary to law. The same is therefore quashed. Following WPC 15110/07 2 Ext.P5, Ext.P8 issued to the petitioner on the basis of Ext.P5 has also to go. The same is also accordingly quashed. Writ Petition is allowed as above. THOTTATHIL.B.RADHAKRISHNAN JUDGE sv.