IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 9438 of 2008(W) --------------------------------------- PETITIONERS: ---------------------- 1. K.K.JOHNSON, KUNDUKULANGARA HOUSE, P.O. ADAT, TRICHUR DIST. 2. C.V.GRACY., W/O.K.K.JOHNSON KUNDUKULANGARA HOUSE, P.O. ADAT, TRICHUR DIST. 3. K.J.RAIGON., S/O.K.K.JOHNSON KUNDUKULANGARA HOUSE, P.O. ADAT, TRICHUR DIST. 4. K.J.RAIMON, S/O.K.K.JOHNSON KUNDUKULANGARA HOUSE, P.O. ADAT, TRICHUR DIST. 5. RAISON, S/O.K.K.JOHNSON KUNDUKULANGARA HOUSE, P.O.ADAT, TRICHUR DIST. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADAT FARMERS CO-OPERATIVE BANK LTD. RESPRESENTED BY ITS SECRETARY MUTHUVARA BRANCH, ADAT P.O., TRICHUR. 3. THE MANAGING DIRECTOR CUM PRESIDENT, ADAT FARMERS CO-OPERATIVE BANK LTD. ADAT P.O., TRICHUR. BY GOVERNMENT PLEADER SRI. P.K.RAVIKRISHNAN – R1 BY ADV. SRI.V.G.ARUN - R3 SRI.T.R.HARIKUMAR - R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9438/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CIRCULAR NO.75 OF 2007 DTD.22/12/2007. EXT.P2: COPY OF THE CIRCULAR NO.3 OF 2008 DTD. 15/01/2008. EXT.P3: COPY OF THE REPRESENTATION DTD. 6/3/2008. EXT.P4: COPY OF THE ORDER DTD. 17/03/2008. EXT.P5: COPY OF THE COVERING LETTER DTD. 24/03/2008 ADDRESSED TO THE 2ND RESPONDENT. /TRUE COPY/ P.A.TO JUDGE Kss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.9438 of 2008 ================================== Dated this the 6th day of June, 2008. JUDGMENT A memo is filed by the learned counsel for the petitioners stating that the dispute between the petitioners and the Bank has been fully settled and the petitioners are not interested in further prosecuting this writ petition. Learned counsel for the Bank however states that there were two loan transactions and the matter has not been settled though the amount paid in terms of the interim order has been received. The bank further states that it cannot be compelled to abide by the directions contained in Ext.P4, since they are in excess of jurisdiction. 2. Having heard the learned counsel for the parties, I am satisfied that from the side of the bank, the matter is not settled and the bank cannot WPC9438/2008 -:2:- be compelled to settle the transaction. Ext.P4 generated on the basis of a representation made to the Minister for Co-operation cannot result in compelling a co-operative bank to settle a commercial transaction on the directions of the Registrar. Be that as it may, the request of the petitioners to dismiss the petition as not pressed is accepted, though the other recital in the memo are rejected. This writ petition is dismissed as not pressed. It is clarified that since amounts due were admittedly due and the petitioner is willing to pay the amounts covered by Ext.P4, any amount paid to the bank in terms of the order dated 19-3-2008 will be given credit to in the loan account. Thottathil B.Radhakrishnan, Judge. sl/6/6/08