Kerala High Court
Pallassana Rural Credit ... vs The Joint Registrar (General) on 31 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
WP(C) NO. 26132 OF 2022
PETITIONER:
PALLASSANA RURAL CREDIT CO-OPERATIVE SOCIETY LTD.,
(P-1227) CHIRAKKODE, PALLASSANA P.O.,
PALAKKAD DISTRICT - 678 505
REPRESENTED BY ITS PRESIDENT V.SREEDHARAN.
BY ADVS.
G.HARIHARAN
PRAVEEN HARIHARAN
SMITHA PRAVEEN
V.R.SANJEEV KUMAR
ANJALY T.A
M.V.VIPINDAS
RESPONDENTS:
1 THE JOINT REGISTRAR (GENERAL),
OFFICE OF THE CO-OPERATIVE SOCIETIES, JOINT REGISTRAR
CIVIL STATION, PALAKKAD - 678 001.
2 ASSISTANT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES
MINI CIVIL STATION, KACHERIMEDU, CHITTUR,
PALAKAKD DISTRICT - 678101.
3 REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O,
THIRUVANANTHAPUAM -695014.
SRI.BIMAL K.NATH- SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26132 OF 2022
2
T.R. RAVI, J.
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W.P.(C) No.26132 of 2022
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Dated this the 31st day of August, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The writ petition has been filed challenging Ext.P12
order whereby permission to start a branch has been rejected. The
reason stated is that smooth conduct of the branch and the main
office together will be difficult as the Secretary has to be available
in the main office before noon and the branch office after. It is also
stated that there is only a Secretary, a junior clerk, a senior clerk
and an attender available in the Bank as employees and it will not
be possible for them to afford necessary service to the customers.
It is further stated that there will be difficulty to keep the pledged
gold in safe custody since the same has to be in the joint custody of
an officer not below the rank of a clerk.
3. The Government Pleader points out that the above
reasons cannot be faulted since it is a matter affecting the services
rendered by a bank and since there is a requirement for keeping
gold in safe custody.
WP(C) NO. 26132 OF 2022
4. The counsel for the petitioner points out that as per
Ext.P7 guidelines issued for starting of a new branch, what is
required is that, the Society should comply with the requirements
of the circulars issued regarding the time of starting of the
branches, the security aspects, interest rates etc., and to ensure
that the Society has become a member of the risk fund and deposit
guarantee scheme. Ext.P7 also requires that the branch should
function with the available staff and provides for conditional grant
of permission for functioning the branch for one year and to decide
whether it is to be continued after considering the functioning of
the branch.
5. A reading of Ext.P7 would show that the reasons stated
in Ext.P12 are not really warranted. This Court in Ext.P10
judgment had clearly directed that the issue shall be reconsidered
by the Authority in terms of the relevant provisions of the bye-law
with due notice to the petitioner and also considering the
submission made by the petitioner regarding allocation of separate
timings for the functioning of the branch office and the main office.
The counsel for the petitioner points out that the above aspect has
also not been considered in Ext.P12.
WP(C) NO. 26132 OF 2022
In such circumstances, Ext.P12 is set aside. There will be a
direction to the 1st respondent to reconsider the application
submitted by the petitioner in terms of Ext.P7 circular with due
regard to the factors which have already been pointed out in
Ext.P10 judgment. Necessary orders shall be issued within one
month from the date of receipt of a copy of this judgment. The
Authority shall consider the issue keeping in mind that the
requirement of the circular is to operate the branch with the
available staff and the option for functioning the branch for one
year and considering the extension of the period based on such
functioning.
Sd/-
T.R.RAVI
JUDGE
mpm
WP(C) NO. 26132 OF 2022
APPENDIX OF WP(C) 26132/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE
ISSUED BY THE 1ST RESPONDENT IN THE NAME
OF THE PETITIONER ON 12.08.2005.
Exhibit P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE
BYE-LAW OF THE PETITIONER'S SOCIETY
MENTIONED IN CLAUSE-3 AND 4.
Exhibit P3 TRUE COPY OF THE MINUTES OF THE DECISION
TAKEN ON 12.02.2021 TO ESTABLISH A BRANCH
OF THE PETITIONER SOCIETY AT KOODALLUR
WITHIN THE JURISDICTION OF PALLASSANA
PANCHAYAT, CHITTUR TALUK, PALAKKAD
DISTRICT.
Exhibit P4 TRUE COPY OF THE APPLICATION BY THE
PETITIONER'S SOCIETY ADDRESSED TO THE 1ST
RESPONDENT FOR OPENING A BRANCH AT
KOODALLUR IN PALLASSANA PANCHAYAT.
Exhibit P5 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO13287/2021 DATED 12.08.2021.
Exhibit P6 TRUE COPY OF THE ORDER DATED 11.10.2021
ISSUED BY THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE CIRCULAR NO.30/2014
DATED 21.06.2014 ISSUED BY THE 3RD
RESPONDENT.
Exhibit P8 TRUE COPY OF THE JUDGMENT MADE IN W.P.
(C).NO.24117/2021 DATED 03.11.2021.
Exhibit P9 TRUE COPY OF THE ORDER DATED 03.02.2022
ISSUED BY THE 1ST RESPONDENT.
WP(C) NO. 26132 OF 2022
Exhibit P10 TRUE COPY OF THE JUDGMENT PASSED BY THIS
HON'BLE COURT IN W.P.(C) NO.6154/2022 ON
09.03.2022.
Exhibit P11 TRUE PHOTOGRAPH OF THE BRANCH OFFICE OF
THE PETITIONER SOCIETY TO START IN
KUDALLOOR WITHIN THE JURISDICTION OF
PALLESENA PANCHAYAT.
Exhibit P12 TRUE COPY OF THE ORDER DATED 06.08.2022
ISSUED BY THE 1ST RESPONDENT IN
COMPLIANCE WITH THE DIRECTION CONTAINED
IN EXHIBIT. P10 JUDGMENT.
