IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 20923 of 2008(N) -------------------------- PETITIONER: ------------ KONNATHADI SERVICE CO-OPERATIVE BANK LTD. NO. K 260, KONNATHADI.P.O, IDUKKI, PIN-685 563, REPRESENTED BY ITS PRESIDENT RAJANKUTTY.T.G, THEKKADAYIL HOUSE, KONNATHADY.P.O, IDUKKI. BY ADV. SRI.K.BABU THOMAS RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF FINANCE, DEPARTMENT OF FINANCIAL SERVICES, NEW DELHI. 2. THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT, NABARD, REPRESENTED BY ITS CHIEF GENERAL MANAGER/OFFICER-IN-CHARGE, TRIVANDRUM. 3. THE KERALA STATE CO-OPERATIVE BANK LTD., P.B. NO. 6514, CO-OPERATIVE BANK TOWERS, PALAYAM, TRIVANDRUM. 4. THE DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, IDUKKI, P.B NO. 2, IDUKKI COLONY.P.O, PIN - 685 602. 5. THE SALE OFFICER, DEVIKULAM TALUM CO-OPERATIVE AGRICULTURAL DEVELOPMENT BANK, LTD. NO.1-136, ADIMALI.P.O, IDUKKI-685 561 AND THE AUTHORISED OFFICER REGISTRAR OF CO-OPERATIVE SOCIETIES, MUNNAR.P.O, IDUKKI. BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------------- W.P.(C).NO.20923 OF 2008-N ---------------------------------------------- Dated this the 30th day of July, 2008. J U D G M E N T This writ petition is filed by the President of a Co- operative Bank. On 11.07.2008 it noticed that the resolution of the committee to challenge the impugned decision was not placed on record. It was also necessary that the Secretary represents the petitioner. This is, all the more, because, the impugned decision related to exclusion of certain persons from the benefits of the Debt Reliefs Scheme. Therefore, on 11.07.2008 an interim order was issued as regards that. Today, a memo is filed by the petitioner seeking that writ petition may be rejected as defective with leave to file a separate writ petition with the Secretary of the bank also on record. Needless to say, the resolution of the committee also needs to be placed when such writ petition is filed. The memo is received and the writ petition is dismissed with leave to file a fresh matter on the same cause of action. THOTTATHIL B. RADHAKRISHNAN, JUDGE. WPC.NO.20923/08 . 2 cl