IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 28496 of 2006(P) ----------------------------------------- PETITIONER(S): ------------------------ K.K.VISWANATHAN MASTER, NARAYANAPURAM, P.O. THAZHAMUNDA, VIA KENCHIRA, WAYANAD. BY ADV. MR.P.RAMAKRISHNAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE KERALA STATE CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LIMITED NO.4017, STATUE JUNCTION, THIRUVANANTHAPUAM, REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE SULTAN BATHERY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO. (W) 225. R1 & R2 BY ADV. GENERAL MR.C.P.SUDHAKARA PRASAD R1 & R2 BY GOVERNMENT PLEADER SMT.A.G.ANEETHA R4 BY ADV. MR.P.K.VIJAYAMOHANAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2009, THE COURT ON 19/02/2009 DELIVERED THE FOLLOWING: W.P.(C) NO.28496/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE GOVERNMENT ORDER DT. 21.11.2003. P2:- COPY OF THE REQUEST DT. 20.5.05 MADE BY the 3RD RESPONDENT TO THE 2ND RESPONDENT. P3:- COPY OF THE LETTER DT. 23.9.06 FROM THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS R4(a):- COPY OF THE COMMUNICATION NO.WB/301/2000 DT. 26.6.2000 FROM THE SECRETARY, WAYANAD PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK TO THE SECRETARY OF THE 4TH RESPONDENT BANK. R4(b):- COPY OF THE BYELAW AMENDMENT AS REGISTERED BY THE JOINT REGISTRAR ON 30.6.2000. R4(c):- COPY OF THE APPLICATION DT. 19.11.04 OF THE BANK SENT BY SPEED POST. R4(d):- COPY OF THE COMMUNICATION FROM THE POSTAL AUTHORITIES VIDE LETTER NO.CCC/2-328/04 DT. 20.1.05. R4(e):- COPY OF THE COMMUNICATION DT. 20.7.06 OF THE BANK. R4(f):- COPY OF THE LETTER NO.G1/AFFILIATION/03-04 DT. 1.8.06. R4(g):- COPY OF THE REPRESENTATION DT. 7.11.06 SUBMITTED BY THE 4TH RESPONDENT TO THE REGISTRAR OF CO-OPERATIVE SOCIETIES. R4(h):- COPY OF THE COMMUNICATION DT. 7.11.06 OF THE BANK. /TRUE COPY/ P.A. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.28496 OF 2006 ------------------------------------------- Dated this the 19th day of February, 2009 JUDGMENT 1. Petitioner is a member of the Wayanad Co-operative Agricultural and Rural Development Bank Limited, which is a co-operative society having its area of operation in the Sultan Bathery taluk of Wayanad district. He challenges Ext.P1 Government Order, by which, the Government have decided to retain six banks as viable out of 17 primary co-operative banks which fell for consideration of the Government regarding continued existence, following directions issued by this Court in O.P.No.10603/00. The challenge is to the extent of inclusion of the 4th respondent as one of the beneficiaries of the said Government Order. According to the petitioner, the third respondent Apex Co-operative Bank resolved to request the Registrar of Co-operative Societies to wind up the 4th respondent under Section 71 of the Kerala Co-operative Societies Act, 1969 since no steps were taken by the 4th respondent for affiliation. WPC.28496/06 Page numbers 2. The plea raised by the petitioner is that Ext.P1 is arbitrary and illegal and that no reason is stated for retaining the 4th respondent. It is also contended that by virtue of the operation of Rule 7 of the Kerala Co-operative Societies Rules, 1969, the 4th respondent has ceased to exist. It is contended that Section 71 casts a duty on the second respondent to wind up a society which has not commenced working within six months of its registration. 3. The 4th respondent has filed a counter affidavit. The locus standi of the petitioner to challenge Ext.P1 is raised. That apart, on facts, it is pointed out that the 4th respondent was registered on 5.12.1997. Later, the registration of the 4th respondent was challenged in a writ petition which, ultimately, led to the issuance of Ext.P1 order. The byelaws were amended as early as on 18.6.2000 and such amendment was registered on 30.6.2000. Ext.R4(a) is the communication from the secretary of the Wayanad Co-operative Agricultural and Rural Development Bank Limited to the secretary of the 4th WPC.28496/06 Page numbers respondent bank. It is accordingly contended that in view of Ext.R4(b) registration of Ext.R4(a) amendment to the byelaws of the bank, of which, the petitioner is a member, he has no continued right whatsoever to challenge Ext.P1. The 4th respondent also contends that he submitted Ext.R4(c) application for affiliation and the question of affiliation to the apex society is a matter of law and that issue, as reflected in Ext.sR4(c) and (h), are pending. 4. At the outset, it needs to be noticed that the petitioner is only a member of the Wayanad Co-operative Agricultural and Rural Development Bank Limited. Even if that bank is affected by the decision contained in Ext.P1 in so far as it is in favour of the 4th respondent, it is for that bank to challenge Ext.P1 decision. It is not for any individual member to hold out a cause of a bank much against even the bank's own decision as reflected by Exts.R4(a) and (b). On this short ground, this writ petition is to necessarily fail. The petitioner has no locus WPC.28496/06 Page numbers to seek any relief in relation to Ext.P1. The writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.