Elampal Service Co-Operative ... vs State Of Kerala
2022 Latest Caselaw 3502 Ker

Citation : 2022 Latest Caselaw 3502 Ker
Judgement Date : 22 March, 2022

Kerala High Court

Elampal Service Co-Operative ... vs State Of Kerala on 22 March, 2022

W.P.(C) No.9546 /2022               1




            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
                    ND
    TUESDAY, THE 22     DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                       WP(C) NO. 9546 OF 2022
PETITIONER/S:

            ELAMPAL SERVICE CO-OPERATIVE BANK LTD. NO.604,
            REPRESENTED BY ITS SECRETARY, ELAMPAL P.O., PUNALUR,
            KOLLAM DISTRICT-691322.

            BY ADVS.
            M.R.ANISON
            V.BHARGAVI (PANANGAD)
            P.A.RINUSA


RESPONDENT/S:

     1      STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            DEPARTMENT OF CO-OPERATION, GOVT. SECRETARIAT,
            THIRUVANANTHAPURAM-695001.

     2      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),
            CIVIL STATION, KOLLAM-691001.

     3      THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),
            MINI CIVIL STATION, PATHANAPURAM-689695.



            SMT ANIMA M, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.9546 /2022                             2




                                     JUDGMENT

The Elampal Service Co-operative Bank Ltd., a Primary Agricultural

Credit Society, has approached this Court seeking the following reliefs:

(a) to issue a writ of mandamus or other appropriate writ order or direction, directing the 2nd respondent to consider and pass orders in Ext.P3 and Ext.P4 applications submitted by the petitioner, without any further delay;

(b) to issue a writ of mandamus or other appropriate writ order or direction directing the 3rd respondent to forward Ext.P3 and Ext.P4 applications along with relevant documents to the 2nd respondent;

(c) to issue a writ of mandamus or other appropriate writ order or direction directing the 2nd respondent to grant prior permission for appointment of sufficient number of staff in the Morning and Evening branches attached to the Head Office Main Branch and Kariyara Branches and also in Kariyara, Vilakudy and Manjamonkala branches of the petitioner, based on Ext.P3 and Ext.P4 applications submitted by the petitioner.

2. Sri.M.R.Anison, the learned counsel appearing for the petitioner,

submitted that as per Ext.P2 amendment to Appendix III to the Kerala

Co-operative Societies Rules, the 2nd respondent is the competent authority to

consider the request for creation of posts in the Branches. The Managing

Committee of the petitioner has taken a resolution and has sought prior

approval to appoint one Branch Manager, one Junior Clerk and one Peon each

in the morning and evening branches attached to Head Office, Main Branch and

Kariyara Branch and one post of Junior Clerk each in Kariyara, Vilakudy and

Manjamonkala Branches. The learned counsel submitted that for the time being

the petitioner would be satisfied if directions are issued to the 2nd respondent

to consider and pass orders on Exhibits-P3 and P4.

3. I have heard the learned Government Pleader.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances,

I am of the view that this writ petition can be disposed of at the admission

stage itself by issuing the following directions:

a) There will be a direction to the 2nd respondent to take up,

consider and pass appropriate orders on Exts.P3 and P4 as

per procedure and in adherence to the provisions of law, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or its authorised

representative.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of two months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.