IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 21256 of 2008(E) -------------------------------------- PETITIONER: ------------------- V.C.SURESH, AGED 42 YEARS, S/O.SARADAMMA, AMER SMRITHI, KALPAKA COLONY, WEST NADA, GURUVAYOOR. BY ADV. SRI.SANTHEEP ANKARATH, ADV. SRI.V.C.MADHAVANKUTTY. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF CO-OPERATIVE SOCIETIES, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO.OP.SOCIETIES THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (VIGILANCE)OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 5. THE BOARD OF DIRECTORS OF GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., REPRESENTED BY ITS CHAIRMAN, WEST NADA, GURUVAYOOR. W.P.(C). NO.21256/2008-E: 6. THE GENERAL MANAGER, GURUVAYOOR CO-OPERATIVE URBAN BANK LTD., WEST NADA, GURUVAYOOR 7. THE RESERVE BANK OF INDIA REP. BY ITS MANAGER URBAN BANKS DEPARTMENT, BAKERY JUNCTION, PB.NO.6507, THIRUVANANTHAPURAM -695033. R1 TO R4 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R5 & R6 BY ADV. SRI.D.SOMASUNDARAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21256/2008-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER ISSUED BY THE SALE OFFICER ALLOWING THE CLAIM PETITION OF THE PETITIONER DD. 15/07/2006. EXT.P.2: COPY OF THE ORDER OF THE JOINT REGISTRAR DIRECTING THE GENERAL MANAGER TO ISSUE APPLICATION TO THE PETITIONER AND TO GRANT MEMBERSHIP TO THE PETITIONER DTD. 23/06/2008. EXT.P.3: COPY OF THE SAVINGS BANK PASS BOOK ISSUED TO THE PETITIONER ON 07/01/2008 BY GURUVAYUR CO-OP. URBAN BANK LIMITED. EXT.P.4: COPY OF THE INTERIM REPORT SUBMITTED BY THE ASSISTANT REGISTRAR (GENERAL) TO THE JOINT REGISTRAR, THRISSUR DTD. 13/01/1997. EXT.P.5: COPY OF THE LETTER DTD. 18/03/2008 FROM THE ASST. REGISTRAR (GENERAL) OF CO-OP. SOCIETIES TO THE PETITIONER. EXT.P.6: COPY OF THE PETITION (CMP.1706/2007) FILED BY THE PETITIONER BEFORE THE VIGILANCE COURT, THRISSUR AND DTD. 05/09/2007. EXT.P.7: COPY OF THE ORDER DTD. 06/10/2007 IN CMP. 1706/2007 PASSED BY THE VIGILANCE COURT, THRISSUR. EXT.P.8: COPY OF THE NOTICE ISSUED BY THE R.2. TO THE R.6 CONCERNING THE ENQUIRY AND DTD. 20/04/2007. EXT.P.9: COPY OF THE INTERIM REPORT DTD. 25/05/2007 OF THE JOINT REGISTRAR ( VIGILANCE). EXT.P.10: COPY OF THE SPECIAL AUDIT REPORT DT. 22/10/2007 OF GURUVAYUR CO- OP. URBAN BANK LIMITED ISSUED TO THE PETITIONER. EXT.P.11.A: COPY OF THE ORDER DTD. 04/01/2008 FOR ENQUIRY ISSUED BY THE R.3. EXT.P.11.B: COPY OF THE REPORT OF THE ENQUIRY NO. G. 31/08 DTD. 03/06/2008 SUBMITTED BY JUNIOR INSPECTOR OF ASSISTANT REGISTRAR (GENERAL)'S OFFICE. EXT.P.12: COPY OF THE EXPLANATION DTD. 20/07/2007 SUBMITTED BY P.S. SAJEEV. EXT.P.13: COPY OF THE COMPLAINT DTD. 26/09/2005 FILED AGAINST ONE V.K. RANADEV, DIRECTOR OF GURUVAYUR URBAN CO-OP. BANK LIMITED BEFORE THE JFCM COURT, CHAVAKKAD. W.P.(C). NO.21256/2008-E: EXT.P.14: COPY OF THE PETITION DTD. 03/12/2007 FILED BY THE PETITIONER BEFORE THE R.2. EXT.P.15: COPY OF THE PETITION PREFERRED BY THE PETITIONER BEFORE THE R.3. DTD. 22/10/2007. RESPONDENTS' EXHIBITS: EXT.R5.A: COPY OF THE COMMUNICATION DTD. 12/07/2007. EXT.R5.B: COPY OF THE APPLICATION OF MR. SANAL KUMAR. EXT.R5.C: COPY OF THE ORDER NO. 752/07. EXT.R5.D: COPY OF THE RELEVANT PORTION OF THE COMMUNICATION OF THE RBI. //TRUE COPY// P.S. TO JUDGE. prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.21256 of 2008-E = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 31st day of October, 2008. JUDGMENT The petitioner applied for membership in the bank of which the 5th respondent is the Board of Directors. That was denied. He filed a complaint. He seeks issuance of directions, particularly on the basis of Ext.P11(b). The relief sought for is for action under Section 32 of the KCS Act and for further direction to initiate vigilance enquiry. As regards vigilance enquiry, that is really not necessary because the petitioner himself has approached the Vigilance Tribunal and certain proceedings are on before that authority. It would be inappropriate for this Court to order any other parallel proceeding through the Vigilance Department. In so far as Section 32 proceedings are concerned, that is a matter which would be or could be only on the basis of the WP(C)21256/2008 -: 2 :- Joint Registrar finding the existence of appropriate grounds in support of such action. It is not for this Court to assess the facts and issue directions to invoke statutory power under Section 32 except in exceptionally exceptional cases where the statutory authorities have demonstrably failed to perform the relevant statutory and public duties. On record, is a counter affidavit on behalf of the 3rd respondent in which it is stated that an inspection has been conducted and action is proceeded in that direction. It appears that this is on the strength of Ext.P11(b). The Board of Directors have a complaint that the maker of Ext.P11(b) is a biased person. Under such circumstances, while refusing to order any of the reliefs sought for in the writ petition, it is directed that any proceedings generated on the basis of Ext.P11(b) or otherwise, shall be concluded only after hearing the Board of Directors of the bank in question, however that such proceedings shall be concluded without delay, at any rate, within WP(C)21256/2008 -: 3 :- three months from the date of receipt of a copy of this judgment. If there are concluded orders compelling the bank to grant membership to the petitioner and if there is failure to comply with those orders, that is a matter which the Joint Registrar has to take care in accordance with law. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/011108