IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 10400 of 2009(T) ---------------------------------------- PETITIONER(S): ------------------------ 1. MANHERI RAMACHANDRAN, S/O.LATE KUNHIRAMAN NAMBIAR, PULLIPOYIL, ALAYAD, THILLENKERI, KUTHUPARAMBA. 2. VALSALA P.K., W/O. M.RAMACHANDRAN, PULLIPOYIL, ALAYAD, THILLENKERI, KUTHUPARAMBA. BY ADV. SRI.V.V.ASOKAN, SRI.P.P.RAMACHANDRAN. RESPONDENT(S): -------------------------- 1. THE MATTANNUR CO-OPERATIVE RURAL BANK LTD., REPRESENTED BY ITS SECRETARY, MATTANNUR. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KUTHUPARAMBA. R1 BY ADV. SRI.K.HARILAL, SRI.R.GOPAN. R2 BY GOVT. PLEADER MR.P.M. MANOJ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 10400/2009-T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CIRCULAR NO.1/2009. EXT.P2: COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P4: COPY OF THE PROCEEDINGS OF THE ADALATH CONDUCTED BY THE CO- OPERATIVE DEPARTMENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE AWARD IN ARC NO.1206/2002 DATED 29/11/2002 PASSED BY THE ASSISTANT REGISTRAR (GENERAL). EXT.R1(b): COPY OF THE AWARD IN ARC N O.1205/2002 DATED 29/11/2002 PASSED BY THE ASSISTANT REGISTRAR (GENERAL). EXT.R1(c): COPY OF THE AWARD IN ARC NO.1204/2002 DATED 29/11/2002 PASSED BY THE ASSISTANT REGISTRAR (GENERAL). EXT.R1(d): COPY OF THE AWARD IN ARC NO.1207/2002 DATED 29/11/2002 PASSED BY THE ASSISTANT REGISTRAR (GENERAL). EXT.R1(e): COPY OF THE RESOLUTION NO.8 DATED 24/01/2009 PASSED BY THE MATTANNOOR CO-OPERATIVE RURAL BANK LTD. EXT.R1(f): COPY OF THE REPLY SENT BY THE SECRETARY, MATTANNOOR CO- OPERATIVE BANK LTD. DATED 24/03/2009 TO THE 1ST PETITIONER. EXT.R1(g): COPY OF THE REPLY SENT BY THE SECRETARY TO THE JOINT REGISTRAR (GENERAL) DATED 07/04/2009. //TRUE COPY// P.S. TO JUDGE rs. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.10400 of 2009-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of March, 2010. Judgment The petitioners are debtors of the first respondent, a co-operative bank. They insist that they are entitled to the benefit of a circular issued by the Registrar of Co-operative Societies. The first respondent does not concede to the applicability of that circular and points out that the said circular is not binding on the first respondent in as much as it is issued in excess of authority. It is pointed out that the Registrar of Co-operative Societies or the State Government for that matter, does not have the power to issue any such circular. Formidable support in this regard is available for the first respondent by the Bench decision of this Court in Kallettumkara Service Co-operative Bank v. Registrar of Co-operative Societies, 2005(3) KLT 483. WPC10400/2009 -: 2 :- In the aforesaid view of the matter, the first respondent further submits that it is proper to waive penal interest. Hence, it is ordered that all payments made by the petitioners in consonance with the interim orders and otherwise will be given due credit to. Any request by them to settle the matter amicably will also be considered, however that the decision in this regard will be that of the bank, having regard to the commercial interest that it has in the transaction. The writ petition ordered accordingly rejecting all other contentions of the petitioners. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0804