IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6246 of 2008(R) ------------------------- PETITIONER: ------------- PINDIMANA SERVICE CO-OPERATIVE BANK LTD. NO.E-25, CHELAD P.O.,KOTHAMANGALAM, REPRESENTED BY ITS PRESIDENT, SUNNY POULOSE, AGED 49 YEARS, S/O.POULOSE, VELLUKARIYIL HOUSE, PINDIMANA, KOTHAMANGALAM. BY ADV. SRI.PEEYUS A.KOTTAM SRI.S.DILEEP (KALLAR) SRI.A.H.NAJMAL SRI.M.A.SHIHAB RESPONDENTS: ----------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM, PIN 695 001. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), ERNAKULAM, PIN 682 011. 3. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTHAMANGALAM. 4. KOTTAPPADY EAST CO-OPERATIVE BANK, KOTTAPPADY, REPRESENTED BY ITS ADMINISTRATIVE COMMITTEE. R1 TO R3 BY SR. GOVT. PLEADER, SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------- W.P(C) No. 6246 OF 2008 ----------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT In the light of the directions being issued herein, notice to the 4th respondent is dispensed with preserving his right to seek review of this judgment, if aggrieved. 2. The petitioner complains about the 4th respondent allegedly over-stepping into the area of operation of the petitioner, to have a branch. The 4th respondent is shown to be represented only by an administrative committee and could not therefore take any policy decision beyond that is permissible within the framework of the Kerala Co-operative Societies Act and Rules as interpreted and laid down by this Court. But, the petitioner's complaint regarding any such action can be attended to by respondents 1 and 2, who have the authority to ensure that the complaint of the petitioner is properly attended to. Under such circumstances, this writ petition is disposed of directing that Exts.P2 and P3 would be taken up by the 2nd respondent and the petitioner shall be afforded an opportunity of being heard before any decision is taken to grant any permit to the WPC No. 6246 OF 2008 2 4th respondent to operate any branch within the area of operation of the petitioner. Until such hearing and decision, the status quo as on today shall be maintained. THOTTATHIL B. RADHAKRISHNAN, JUDGE ttb WPC No. 6246 OF 2008 3