IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 17454 of 2011(F) -------------------- PETITIONER : --------------------- NADUVANNUR REGIONAL CO-OPERATIVE BANK LTD. NO. F. 1269, NADUVANNUR P.O., KOZHIKODE DISTRICT, REPRESENTED BY THE PRESIDENT. BY ADVS. SRI.GEORGE POONTHOTTAM SRI.N.ANAND RESPONDENT(S): ------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-01. 2. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK LTD., P.B.NO.503, JILLA BANK BUILDING, KALLAI ROAD, KOZHIKODE-673002, REPRESENTED BY THE GENERAL MANAGER. R1 BY GOVT. PLEADER SRI. D. SOMASUNDARAM R2 BY ADVS. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.P.V.KUNHIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 17454 of 2011(F) APPENDIX PETITIONER'S EXHIBITS - NIL RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE GO(RT) NO. 524/2010/CO-OP DT. 10.08.2010. //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.17454 of 2011 ----------------------------------------- Dated this the 19th August, 2011 JUDGMENT The petitioner, who is the President of a primary co- operative society and a member of the second respondent District Co-operative Bank, has filed this writ petition aggrieved by the steps taken by the second respondent bank to award the contract for installing core banking solutions without inviting open tenders. A counter affidavit dated 16.8.2011 has been filed on behalf of the Registrar of Co-operative Societies, wherein inter alia it is stated that in terms of Ext.R1(a) government order dated 10.8.2010 the second respondent bank ought to have moved the State Level Committee constituted thereunder before entrusting the work of computerization to any agency. It is stated that such a step was not taken by the second respondent bank. 2. When the writ petition came up for hearing today Sri.George Poonthottam, learned counsel appearing for the petitioner, Sri.D.Somasundaram, learned Special Government Pleader appearing for the Registrar of Co-operative Societies and W.P(C)No.17454/2011 -:2:- Sri.K.Ramakumar, learned Senior Advocate, appearing for the second respondent bank, submitted that in view of the fact that the second respondent bank has not moved the State Level Committee constituted under Ext.R1(a) government order dated 10.8.2010 the writ petition may be disposed of with a direction to the second respondent to approach the Committee constituted under Ext.R1(a) government order. In the light of the said submission I dispose of the writ petition with a direction to the second respondent to place the proposal regarding installation of core banking solutions before the State Level Committee constituted by the Government under Ext.R1(a) order dated 10.8.2010. This shall be done within one week from today. The State Level Committee shall thereupon consider the same and take an appropriate decision thereon expeditiously and in any event within one month from the date on which the second respondent moves the State Level Committee. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.17454 of 2011 ---------------------------- JUDGMENT 19th August, 2011