Pallassana Rural Credit ... vs The Joint Registrar (General)
2021 Latest Caselaw 21958 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE SATHISH NINAN
   WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                       WP(C) NO. 24117 OF 2021
PETITIONER:

           M/S. PALLASSANA RURAL CREDIT CO-OPERATIVE SOCIETY LTD
           (P-1227) CHIRAKKODE, PALLASSANA P.O, PALAKKAD DISTRICT-
           678505, REPRESENTED BY ITS PRESIDENT V.SREEDHARAN.

           BY ADVS.
           G.HARIHARAN
           PRAVEEN.H.
           K.S.SMITHA
           V.R.SANJEEV KUMAR



RESPONDENTS:

  1    THE JOINT REGISTRAR (GENERAL)
       OFFICE OF THE CO-OPERATIVE SOCIETIES JOINT REGISTRAR,
       CIVIL STATION, PALAKKAD-678001.

  2    ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES,
       MINI CIVIL STATION, KACHERIMEDU, CHITTUR, PALAKKAD DISTRICT-
       678101.

  3    THE REGISTRAR OF CO-OPERATIVE SOCIETIES,JAWAHAR SAHAKARANA
       BHAVAN, DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM-
       695014.

       SR. GP SRI.BIMAL K NATH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) NO.24117 OF 2021
                                2



                          JUDGMENT

The request of the petitioner Bank before the

Joint Registrar, seeking permission to establish a

branch, was declined as per Ext P6 order. The same

is under challenge in the writ petition.

2. Heard the learned counsel for the petitioner

and the learned senior Government Pleader.

3. The grievance of the petitioner is that,

Circular No.30/2014 issued by the Registrar has not

been taken into consideration while passing Ext P6

order and further that, the petitioner was not

afforded an opportunity of hearing.

4. As regards consideration of the circular made

reference of by the petitioner, I do notice that Ext

P6 refers to the said circular though the contents

of the same have not been made mentioned of in the

order. The fact that the petitioner was not afforded

an opportunity of hearing prior to passing of Ext P6

order, is not disputed. I am of the opinion that an

opportunity of hearing could be afforded to the W.P(C) NO.24117 OF 2021

petitioner.

5. In the result, Ext P6 order dated 11.10.2021

is quashed. The application of the petitioner dated

24.02.2021 shall be considered afresh and orders

passed after granting an opportunity of hearing to

the petitioner.

Writ petition is allowed as above.

Sd/-

SATHISH NINAN JUDGE vdv W.P(C) NO.24117 OF 2021

APPENDIX OF WP(C) 24117/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY THE REGISTRATION CERTIFICATE ISSUED BY THE 1ST RESPONDENT IN THE NAME OF THE PETITIONER ON 12.08.2005.

Exhibit P2 TRUE COPY THE RELEVANT EXTRACT OF THE BYE LAW OF THE PETITIONER'S SOCIETY MENTIONED IN CLAUSE-3 AND 4.

Exhibit P3 TRUE COPY THE MINUTES OF THE DECISION TAKEN ON 24.02.2021 TO ESTABLISH A BRANCH OF THE PETITIONER SOCIETY AT KOODALLUR WITHIN THE JURISDICTION OF PALLASANA PANCHAYAT, CHITTUR TALUK, PALAKKAD DISTRICT.

Exhibit P4 TRUE COPY THE APPLICATION DATED 24.02.2021 BY THE PETITIONER'S SOCIETY ADDRESSED TO THE 1ST RESPONDENT FOR OPENING A BRANCH AT KOODALLUR IN PALLASANA PANCHAYAT.

Exhibit P5 TRUE COPY THE JUDGMENT MADE IN WPC NO.13287/2021 DATED 12.08.2021.

Exhibit P6 TRUE COPY THE ORDER DATED 11.10.2021 ISSUED BY THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY THE BALANCE SHEET OF THE PETITIONER SOCIETY FOR THE YEAR 2018-19.

Exhibit P8 TRUE COPY THE BALANCE SHEET F THE PETITIONER SOCIETY FOR THE YEAR 2019-20.

Exhibit P9 TRUE COPY THE TENTATIVE BALANCE SHEET OF THE PETITIONER SOCIETY FOR THE YEAR 2020-

21.

Exhibit P10 TRUE COPY THE CIRCULAR NO.30/2014 DATED 21.06.2014 ISSUED BY THE 3RD RESPONDENT.