IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 858 of 2010(F) ----------------------------------- PETITIONER: ------------------- PANNIVIZHA SERVICE CO-OPERATIVE BANK LTD.NO. 891, REPRESENTED BY PRESIDENT, ADOOR, PANNIVIZHA, PATHANAMTHITTA. BY ADV. MR.P.N.MOHANAN. RESPONDENTS: ----------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PATHANAMTHITTA. 2. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ADOOR, PATHANAMTHITTA. R1 & R2 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 858 OF 2010 -------------------------- Dated this the 12th day of January, 2010 J U D G M E N T The petitioner bank is a co-operative society registered under the Kerala Co-operative Societies Act, 1969 and the rules framed thereunder. The petitioner bank is presently classified as a Class I bank, as can be seen from Ext.P1 order dated 15.12.2005 issued by the Joint Registrar of Co-operative Societies (General) Pathanamthitta. Pursuant to the resolution adopted by the managing committee of the petitioner-bank on 29.9.2009, the Secretary of the petitioner bank has submitted Ext.P7 representation before the Joint Registrar of Co-operative Societies (General) Pathanamthitta requesting him to classify the bank as a Class I Special Grade bank. A copy thereof was submitted to the Assistant Registrar of Co-operative Societies, Adoor. The petitioner bank thereafter filed W.P.(C) No. 31106 of 2009 in this Court seeking upgradation as a Class I Special Grade bank with effect from 1.4.2008. By Ext.P9 judgment delivered on 18.11.2009, this Court disposed of the said writ petition with a direction to the Assistant Registrar of Co-operative Societies (General) Adoor to consider the W.P.(C) No. 858/2010 2 request made by the petitioner bank in Ext.P7 representation (a copy of which was produced as Ext.P9 in W.P.(C) No. 31106 of 2009) and to pass orders thereon within one month from the date of receipt of a copy of the judgment after affording the petitioner bank an opportunity of being heard. The Assistant Registrar of Co-operative Societies (General) Adoor, considered the request made by the petitioner bank in Ext.P7 representation and passed Ext.P10 order dated 5.1.2010 to the effect that he is not competent to reclassify the bank, that it is for the Joint Registrar of Co-operative Societies to pass orders in the matter and that he has already recommended that the request made by the petitioner bank can be granted. This writ petition is filed seeking a direction to the Joint Registrar of Co- operative Societies (General), Pathanamthitta to pass orders on Ext.P7 in the light of Ext.P10 order passed by the Assistant Registrar of Co-operative Societies, Adoor. 2. Sri. K.C.Santhosh Kumar, the learned senior Government Pleader appearing for the respondents submits that as the Joint Registrar is the competent authority to pass orders in the matter, the joint Registrar will consider Ext.P7 and pass orders thereon W.P.(C) No. 858/2010 3 expeditiously. In the light of the said submission, I dispose of this writ petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P7 representation and take a decision thereon in the light of Ext.P10 order passed by the second respondent, expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment before him. The first respondent shall also afford the Secretary of the petitioner bank a reasonable opportunity of being heard before passing orders in the matter. P.N.RAVINDRAN, JUDGE vps