IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 16000 of 2008(D) -------------------------- PETITIONER: ------------------ THE VALLAPPUZHA SERVICE CO-OPERATIVE BANK LTD.NO.F.1207, NELLAYA, PALAKKAD DISTRICT, REPRESENTED BY ITS PRESIDENT P.K.KOYA. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), PALAKKAD. 3. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OTTAPPALAM. 4. K.B. SUBHASH, CHIEF PROMOTER/PRESIDENT, NELLAYA PANCHAYAT KARSHIKA ULPADANA SAMBHARANA VIPANANA CREDIT CO-OPERATIVE SOCIETY LTD.NO.P 1265, NELLAYA, PALAKKAD DISTRICT. 5. NELLAYA PANCHAYAT KARSHIKA ULPADANA SAMBHARANA VIPANANA CREDIT CO-OPERATIVE SOCIETY LTD.NO.P 1265, NELLAYA, PALAKKAD DISTRICT, REPRESENTED BY THE SECRETARY. R1 TO R3 BY SR.G.P.SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.16000 of 2008 ================================== Dated this the 29th day of May, 2008. JUDGMENT Petitioner challenges the decision of the statutory authorities to grant sanction to the fifth respondent to have operations within the area of operation of the petitioner. Petitioner has filed Ext.P5 appeal before the Government. Learned counsel for the petitioner vehemently contended that having regard to the nature of the contents of the report of the third respondent, the same deserves to be set aside and such a report is only objectionable. He accordingly contends that it is most appropriate to ensure that the fifth respondent does not carry out the operation of credit as provided for under Section 2(oa) of the Kerala Co-operative Societies Act, 1969. 2. Having heard the learned counsel for the WPC16000/2008 -:2:- petitioner and the learned senior Government Pleader, I am of the view that pending consideration of Ext.P5 appeal before the Government, it is not appropriate for this Court to make any order to govern the parties, though the State Government has to forthwith consider the nature of the directions that could be had by the fifth respondent even pending Ext.P5 appeal. Under the aforesaid circumstances, this writ petition is ordered directing that the Government will take up Ext.P5 appeal and render a final decision thereon within an outer limit of three months after hearing the necessary parties. It is further directed that any application that the petitioner may make on the strength of this judgment for any interim relief will also be considered within a period of two weeks from the date of receipt of such application. Pending WPC16000/2008 -:3:- consideration of such an application, it is directed that any transaction of the fifth respondent relating to credit in terms of Section 2 (oa) of the Act would be provisional and subject to the decision of the Government on the interim application which the petitioner may file. It is further directed that the fifth respondent shall notify the contents of this order to the members and others who may avail of such credit facility. The aforesaid conditions shall apply to receipt of deposits also. Issue certified copy today. Thottathil B.Radhakrishnan, Judge. sl.