IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 32634 of 2011(D) -------------------------- PETITIONER(S): --------------- NEDUMKUNNAM SOUTH SERVICE CO-OPERATIVE BANK LTD. NO.1271, PUNNAVELI P.O., VIA THIRUVALLA, NEDUMKUNNAM VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DISTRICT, PIN-689 589. BY ADV. SRI.GOKUL DAS V.V.H. RESPONDENT(S): --------------- 1. NEDUMKUNNAM SOUTH SERVICE CO-OPERATIVE BANK LTD, NO.1301, NEDUMKUNNAM P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY-686 542. 2. THE SECRETARY, NEDUMKUNNAM SOUTH SERVICE CO-OPERATIVE BANK LTD, NO.1301, NEDUMKUNNAM P.O. KOTTAYAM DISTRICT-686 542. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM DISTRICT-686 001. 4. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM DISTRICT-686 101. 5. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANATHPAURAM-695 001. 6. NEDUMKUNNAM REGIONAL SERVICE CO-OPERATIVE BANK LTD. NO.286, NEDUMKUNNAM P.O., KOTTAYAM DISTRICT, REPRESENTED BY ITS SECRETARY 686542. 7. THE SECRETARY, NEDUMKUNNAM REGIONAL SERVICE CO-OPERATIVE BANK LTD. NO.1301,NEDUMKUNNAM P.O., KOTTAYAM DISTRICT-686 542. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 32634/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE REPRESENTATION DATED 28.11.2011 SUBMITTED BEFORE THE 5TH RESPONDENT EXT.P2 : COPY OF THE BYE LAW OF THE PETITIONER BANK RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.32634 of 2011 ----------------------------------------- Dated this the 9th day of December, 2011 JUDGMENT The petitioner is a co-operative society. It has filed this writ petition mainly seeking an order directing the fifth respondent to refrain from granting permission to the first respondent bank to open a branch on the southern side of Changanacherry – Manimala road in Nedumkunnam Grama Panchayat adjoining Karukachal town. The petitioner has also prayed for an order directing the Registrar of Co-operative Societies to dispose of Ext.P1 representation wherein the petitioner society has objected to the proposal to open a branch of the first respondent society on the southern side of Changanacherry – Manimala road in Nedumkunnam Grama Panchayat adjoining Karukachal town. 2. When the writ petition came up for admission hearing today, learned Government Pleader appearing for the Registrar of Co-operative Societies, submitted that the Joint Registrar of Co- operative Societies (General) Kottayam, has by order No.CRP(2) 4800/2011/K.Dis. dated 7.12.2011 granted permission to the first W.P(C).No.32634 of 2011 -:2:- respondent bank to open a branch in the locality known as Wagamoodu in building bearing door No.X/437 of Nedumkunnam Village owned by Smt.K.J.Chandramathy Amma. A copy of the said order was also made available to me for perusal. Such being the situation I am of the opinion that the petitioner should canvass the correctness of the said order by filing an appeal before the Government in terms of section 83(1)(j) of the Kerala Co-operative Societies Act. I therefore, find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed without prejudice to the petitioner's right to challenge the order passed by the Joint Registrar of Co-operative Societies (General), Kottayam, in appeal before the Government. The Joint Registrar of Co-operative Societies (General), Kottayam shall, in order to enable the petitioner society to challenge the correctness of the said order in appeal before the Government, serve an authenticated copy of the said order on the Secretary of the petitioner society within one week from the date on which the petitioner produces a certified copy of this judgment before him. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.32634 of 2011 ---------------------------- JUDGMENT 9th December, 2011