IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 WP(C).No. 29540 of 2011(N) -------------------------- PETITIONER(S): --------------- THE KURICHY SERVICE CO-OPERATIVE BANK LTD.NO.1538, REPRESENTED BY THE SECRETARY, KURICHY P.O., KOTTAYAM. BY ADV. SRI.ANIL K.NARENDRAN SRI.SABU S.KALLARAMOOLA SRI.S.NIDHEESH RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY, KOTTAYAM, PIN 686001. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY, CHANGANASSERY- 686101. 3. THE ITHITHANAM SERVICE CO-OPERATIVE BANK, REPRESENTED BY THE SECRETARY, MALAKUNNAM P.O., CHANGANASSERY- 686552. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 29540/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1. TRUE COPY OF THE RELEVANT PORTION OF BYE LAW. EXHIBIT-P2. TRUE COPY OF THE DECISION OF BOARD OF DIRECTORS DATED 27.9.2011. EXHIBIT-P3. TRUE COPY OF THE FORWARDING LETTER DATED 7.10.2011. EXHIBIT-P4. TRUE COPY OF THE LETTER OF 1ST RESPONDENT DATED 10.10.2011. EXHIBIT-P5. TRUE COPY OF THE OBJECTION OF THE PETITIONER DATED 13.10.2011. EXHIBIT-P6. TRUE COPY OF THE NOTICE OF HEARING DATED 22.10.2011. EXHIBIT-P7. TRUE COPY OF THE THANDAPER ACCOUNT. EXHIBIT-P8. TRUE COPY OF THE FORWARDING LETTER DATED 28.10.2011. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29540 OF 2011 -------------------------- Dated this the 8th day of November, 2011 J U D G M E N T Ext.P6 notice calling upon the President/Secretary of the petitioner society to be present for a hearing on 27.10.2011 to consider an application submitted by the third respondent co- operative society to open a branch in building bearing door No.VIII/239A of Kuichykara Grama Panchayat is under challenge in this writ petition. It is contended that the proposal to open a branch of the third respondent society in the premises mentioned in Ext.P4 notice namely building bearing door No.VIII/239A is illegal as the proposal is to establish a branch within the area of operation of the petitioner society. 2. When this writ petition came up for admission hearing today, Sri.G.Gopakumar, the learned Government Pleader appearing for the first respondent submitted on instructions that the Joint Registrar of Co-operative Societies has already issued orders on 27.10.2011 overruling the objections raised by the petitioner and permitting the third respondent to open a branch in the disputed building. The learned Government Pleader submitted that the building is situate in Ithithanam Kara in the WPC No.29540/2011 2 area of operation of the third respondent society and that the area of operation of the petitioner society is Kurichy Kara in Changanassery Taluk. He also submitted that as the Joint Registrar of Co-operative Societies has already passed orders on the application submitted by the third respondent society for permission to open a branch, the remedy of the petitioner if it is aggrieved is to challenge the same in appeal. A copy of the order dated 27.10.2011 was also made available for me for perusal. 3. A reading of the order dated 27.10.2011 indicates that the Joint Registrar of Co-operative Societies (General) has overruled the objections raised by the petitioner and permitted the third respondent society to open a branch in building bearing door No.VIII/239A. Such being the situation as the Joint Registrar of Co-operative Societies has already passed orders pursuant to Ext.P6 notice, I am of the opinion that the petitioner should challenge the same in other appropriate proceedings. The learned counsel appearing for the petitioner submitted that as the petitioner can file an appeal only if a copy of the order passed on 27.10.2011 is communicated to it, the respondent may WPC No.29540/2011 3 be directed to communicate a copy thereof to the Secretary of the petitioner society. I accordingly dispose of the writ petition with the following directions: (i) The first respondent shall within one week from today communicate an authenticated copy of the order dated 27.10.2011 to the Secretary of the petitioner society. (ii) It will be open to the petitioner society to challenge that order by filing an appeal before the State Government. (iii) If within the time limit stipulated for filing an appeal the petitioner society invokes the appellate jurisdiction of the Government, the Government shall consider the appeal and pass appropriate orders thereon with notice to the third respondent expeditiously and in any event within one month from the date on which the appeal is presented. (iv) The contentions of both sides on the merits are kept open. The Government shall after orders are passed, communicate copies thereof to both parties simultaneously. P.N.RAVINDRAN, (JUDGE) vps WPC No.29540/2011 4