IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 7462 of 2009(C) ------------------------- PETITIONER(S): --------------- PERUVAMBA SERVICE CO-OPERATIVE BANK LTD. PERUVAMBA, PALAKKAD DISTRICT, REP.BY ITS PRESIDENT. BY ADV. SRI.M.P.ASHOK KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVT., CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, PALAKKAD. 3. C.S.PRIYANAND, S/O.C.S.SEETHARAM, PROPRIETOR, C.S.RICE MILL, MANNATHKAVU, THANNISSERY POST, PALAKKAD DISTRICT, PIN-678 501. R1, R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R3 BY ADV.SRI.G.HARIHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, ALONG WITH R.P.NO.235 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- R.P.No.235 OF 2009 & W.P(C).No.7462 OF 2009 ------------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT 1. Adv.Sri.G.Hariharan appears for the first respondent in the review petition, who is the third respondent in the writ petition. Learned Government Pleader appears for the third respondent in the review petition and for respondents 1 and 2 in the writ petition. Notice to the second respondent in the review petition dispensed with. 2. W.P(C).4556/09 was filed alleging that no further action is taken on the decision of the Joint Registrar to compel the Peruvamba Service Co-operative Bank Ltd. to grant membership to the petitioner therein. Hence, that writ petition was ordered directing the Joint Registrar to take further action in terms of his decision. This means that the Joint Registrar could have directed that Bank to grant membership to the petitioner therein or to take action for non- RP.235/09 & WPC.7462/09 Page numbers obedience of the direction. R.P.No.235/09 is filed by Peruvamba Service Co-operative Bank Ltd. seeking review of that judgment on certain grounds which are immediately referable to the proceedings that have led to the institution of W.P(C).7462/09. 3. The crux of the issue is as to whether a particular area falls within the area of operation of Peruvamba Service Co- operative Bank Ltd. Going by the decision of the Joint Registrar, Peruvamba Service Co-operative Bank Ltd. has to give membership to the petitioner in W.P(C).4556/09 in view of the fact that there is lack of amendment to the byelaws of the society in terms of Government notifications. Whatever that be, that issue has to be resolved by the competent statutory authority. The appeal filed by the Peruvamba Service Co- operative Bank Ltd. before the Government against the decision of the Joint Registrar to issue notice to show cause against supersession is also triggered by the aforesaid fact situation. RP.235/09 & WPC.7462/09 Page numbers 4. In the aforesaid scenario, what is required is that the Government considers the appeal of Peruvamba Service Co- operative Bank Ltd., with notice to Koduvayoor Service Co- operative Bank in relation to the issue involved. It is also appropriate that the petitioner in W.P(C).4556/09, viz., C.S.Priyanand, is also heard. Until a decision is taken by the Government in the aforesaid matter, all other proceedings on the basis of the notice under Section 32(1) of the Kerala Co- operative Societies Act, 1969 will stand deferred. This writ petition and the revision petition are hence ordered directing that the Government will do the needful within a period of four months from the date of receipt of a copy of this judgment. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.12/3.