IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 17TH JULY 2008 / 26TH ASHADHA 1930 WP(C).No. 29960 of 2003(N) ----------------------------------------- PETITIONER: ---------------------- THE CHOKKAD SERVICE CO-OPERATIVE BANK, CHOKKAD POST, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.M.SASINDRAN RESPONDENTS: ------------------------- 1. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), MALAPPURAM. 3. THE KALIKAVU SERVICE CO-OPERATIVE BANK, KALIKAVU, NILAMBUR, MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. *ADDL.R4 IS IMPLEADED: R4. C.MUHAMMED ALI, CHALUVALLI, P.O.CHOKKADU, MALAPPURAM. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 6/10/2005 IN I.A.NO.12190/2005) BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN - R1 & 2 BY ADV. SRI.R.RAMADAS - R3 SRI V.G.ARUN - ADDL R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29960/2003 N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REGISTRATION CERTIFICATE OF THE SOCIETY. EXT.P2: COPY OF THE RELEVANT EXTRACT OF THE BYE LAWS OF THE SOCIETY. EXT.P3: COPY OF THE BYE LAWS OF THE 3RD RESPONDENT SOCIETY. EXT.P4: COPY OF THE REPRESENTATION DTD. 1/12/2000 SUBMITTED BY THE 3RD RESPONDENT SOCIETY BEFORE THE JOINT REGISTRAR. EXT.P5: COPY OF THE JUDGMENT DTD. 18/12/2000 IN O.P.35373/2000. EXT.P6: COPY OF THE ORDER DTD. 6/01/2001. EXT.P7: COPY OF THE JUDGMENT IN O.P.1569/2000. EXT.P8: COPY OF THE ORDER DTD. 29/10/2001 ISSUED BY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,MALAPPURAM. EXT.P9: COPY OF THE JUDGMENT DTD. 3/12/2001 IN O.P.36668/2001. EXT.P10: COPY OF THE APPEAL FILED BY THE 3RD RESPONDENT AGAINST THE EXT.P8 ORDER. EXT.P11: COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONERS SOCIETY IN THE APPEAL BEFORE THE GOVERNMENT. EXT.P12: COPY OF THE ORDER DTD. 14/08/2003 OF THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29960 OF 2003 ------------------------------------------- Dated this the 17th day of July, 2008 JUDGMENT The third respondent Kalikavu Service Co-operative Bank had the territory of the Kalikavu panchayat as its area of operation. With the passage of time, a portion of Kalikavu panchayat was carved out creating Chokkad panchayat. The petitioner obtained registration as Chokkad Service Co-operative Bank. It is not disputed that the third respondent is operating only in the area of operation as was available to it at the time of its incorporation. The further modulation of the territory of the panchyat in terms of the Kerala Panchayat Raj Act cannot ipso facto have an impact on the determination of the territory or the area of operation of a society, which has already been registered, which means that Kalikavu Service Co-operative Bank is entitled to operate within the area of operation as available to it at the time of its registration. The petitioner Chokkad Service Co- operative Bank can also operate within Chokkad panchayat area which is the area of operation which was identifiable as Chokkad WPC.29960/03 Page numbers panchyat area while registration was granted to it. This will also show that both, being service co-operative banks, would be entitled to co-exist in terms of the proviso to Section 2 (o a) of the Kerala Co-operative Societies Act, 1969. In the result, this writ petition is ordered directing that the impugned Ext.P12 will stand regulated by what is stated in this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.21/7.