Kalady-Kanjoor Rural ... vs State Of Kerala
2021 Latest Caselaw 576 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR. JUSTICE SUNIL THOMAS

   THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                    WP(C).No.20709 OF 2020(K)


PETITIONER/S:

            KALADY-KANJOOR RURAL CO-OPERATIVE BANK LTD.
            NO.E 1097, REPRESENTED BY THE SECRETARY, KALADY PO.,
            ERNAKULAM DISTRICT-PIN-683 574.

            BY ADVS.
            SRI.T.R.HARIKUMAR
            SRI.ARJUN RAGHAVAN

RESPONDENT/S:

      1     STATE OF KERALA
            REPRESENTED BY THE SECRETARY TO GOVERNMENT,
            CO-OPERATION (C) DEPARTMENT, GOVERNMENT
            SECRETARIAT, THIRUVANANTHAPURAM-695 001

      2     THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
            THIRUVANANTHAPURAM-695 001

      3     THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL)
            KAKKANAD, ERNAKULAM-695030

      4     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL)
            ALUVA, ERNAKULAM-683 101

      5     THE KERALA STATE CO-OPERATIVE BANK LTD.
            REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, CO BANK
            TOWERS, PALAYAM, THIRUVANANTHAPURAM-695 033

            R5 BY SRI.GILBERT GEORGE CORREYA, SC, KERALA STATE
            CO-OPERATIVE BANK LTD.

            R1 to R4 SR.GP.K.P. HARISH



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.20709 OF 2020(K)

                                2




                           JUDGMENT

The petitioner herein is a Society, which is a Rural

Co-operative Bank as defined under the Kerala Co-

operative Societies Act. The status of the petitioner is as

a Primary Agricultural Credit Society. The apprehension

of the petitioner is that, department is taking a stand

now that the petitioner is no longer a Rural Co-operative

Bank coming within the purview of Rule 15 (1) (A) (3)

(a), but is a Rural Co-operative Society coming within a

purview of Rule 15(1)(C) (iv) of the KCS Rules. For a

clarification Ext.P5 representation was submitted before

the first respondent.

2. Petitioner has approached this court with a

grievance that orders are not passed on Ext.P5. After

hearing the learned counsel for the petitioner and the

learned senior Government Pleader, I am satisfied that

the Writ Petition can be disposed of, with a direction to

the first respondent, to take up, consider and pass WP(C).No.20709 OF 2020(K)

appropriate orders on Ext.P5, as expeditiously as

possible, at any rate, within a period of three months

from the date of receipt of a copy of this judgment.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C).No.20709 OF 2020(K)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE OF REGISTRATION DATED 24.08.2002 ALONG WITH CATEGORICAL STATEMENT.

EXHIBIT P2 A TRUE COPY OF THE PROCEEDING NO.

H.M2419/19/K.DIS DATED 17.06.2019 OF THE 3RD RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE PROCEEDING DATED 15.01.2016 ISSUED BY THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT TO THE PETITIONER.

EXHIBIT P4 A TRUE COPY OF THE MEMORANDUM OF UNDERSTANDING (MOU) DATED 05.10.2017.

EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 30.06.2020 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

   RESPONDENT'S/S EXHIBITS        NIL