K.Damodaran vs The Joint Registrar Of Co-Operative ...
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Kerala High Court

K.Damodaran vs The Joint Registrar Of Co-Operative ... on 8 April, 2024

Author: Amit Rawal

Bench: Amit Rawal

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR. JUSTICE AMIT RAWAL
                                     &
                   THE HONOURABLE MR. JUSTICE EASWARAN S.
           Monday, the 8th day of April 2024 / 19th Chaithra, 1946
                         WP(C) NO. 30981 OF 2017 (W)
PETITIONER:

     K.DAMODARAN, BLUE BELLS, KALATHINGAL, RAMANATTUKARA, KOZHIKODE.

RESPONDENTS:

  1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE
     KOZHIKODE, PIN-673 001.
  2. THE COMMISSIONER OF POLICE KOZHIKODE, PIN-673 001.
  3. KARASSERY SERVICE CO-OPERATIVE BANK LTD. NO.D2628, KARASSERY PO,
     KOZHIKODE, PIN-673 682, REPRESENTED BY ITS SECRETARY.
  4. THE SUB INSPECTOR OF POLICE FEROKE, KOZHIKODE, PIN-673 688.
  5. ADDL.R5. N.K.ABDURAHIMAN, CHAIRMAN, KARASSERY SERVICE CO-OPERATIVE
     BANK LTD., NO.D.2628, KARASSERY P.O., KOZHIKODE [IS IMPLEADED AS THE
     RESPONDENT NO.5 IN I.A.16929/2017 IN WP(C)30981/2017 AS PER ORDER
     DATED 31.10.2017].


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 and 2 to take action and stop the
functioning of the sub centre of the 3rd respondent at Ramanattukara as a
full fledged branch pending disposal of the Writ Petition (Civil).


     This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
27.09.2017 and upon hearing the arguments of M/S.B.S.SWATHI KUMAR, ANITHA
RAVINDRAN, HARISANKAR N UNNI, T.RESHMA & S.SIKKY, Advocates for the
petitioner, GOVERNMENT PLEADER for R1, R2 & R4, SRI.AJITH KRISHNAN,
STANDING COUNSEL for R3, the court passed the following:
             AMIT RAWAL & EASWARAN S., JJ.
       ============================
          W.P. (C) Nos.19268, 29504, 30981
          & 34283 of 2017 and 1846 of 2018
       ============================
         Dated this the 08th day of April, 2024

                             ORDER

AMIT RAWAL, J.

Writ Appeal No.1195/2020 is arising out of the

judgment of the learned Single Bench challenging the

vires of Section 74B of the Kerala Co-operative

Societies Act. The prime argument on which the vires

has been challenged is that the provisions of Sections

101 and 74B have an overlapping effect. In other

words, once the Government has granted the

permission under Section 101 of the Kerala

Co-operative Societies Act, permitting the appellant

co-operative Society to have its area of operation in

the Municipal Corporation of Calicut, the Registrar

cannot truncate/curtail the right of the Society, while

entertaining the application for sanction of the

permissions as envisaged under Section 74B. For that, W.P(C).19268/17 & con. cases

separate writ petitions have also been filed

challenging the orders of the Registrar and the order

of the Government. By separate order, we will be

deciding the vires of the appeal.

2. We confronted the learned Counsel

representing the petitioners, whether they want to

have an adjudication of the writ petitions by the

Division Bench or the Single Bench, they have

requested for remitting the matters to the Single

Bench.

3. Accordingly, all the writ petitions tagged with

the writ appeal are detached and ordered to be listed

by the Registry before the concerned Court having

jurisdiction.

Sd/-

AMIT RAWAL, JUDGE

Sd/-

EASWARAN S., JUDGE NB/8-4

08-04-2024 /True Copy/ Assistant Registrar