Kerala High Court
The Karassery Service Co-Operative ... vs State Of Kerala on 8 April, 2024
Author: Amit Rawal
Bench: Amit Rawal
WP(C) No.1846/2018 1/4
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. 1846 OF 2018(E)
PETITIONER:
THE KARASSERY SERVICE CO-OPERATIVE BANK LTD NO.D 2628, KARASSERY
P.O., KOZHIKODE-673602, REPRESENTED BY TIS GENERAL MANAGER.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SPECIAL SECRTARY, DEPARTMENTOF
CO-OPERATIVE SOCIETIES, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
AND OTHERS
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 stay Ext.P8 and all further proceedigs pursuant thereto,
pending disposal of the Writ Petition.
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
21.01.2020 and upon hearing the arguments of M/S.AJITH KRISHNAN, ENOCH
DAVID SIMON JOEL & LEO LUKOSE Advocates for the petitioner, GOVERNMENT
PLEADER for respondents 1 & 2, SRI. T.A.SHAJI (SR.) along with M/S. ATHUL
SHAJI & S.ABHILASH VISHNU for additional respondents 4 to 11,
SRI. P.P.JACOB for additional respondents 12 to 15, and of M/S.B.S.SWATHI
KUMAR, ANITHA RAVINDRAN, S.SIKKY & HARISANKAR N UNNI for additional
respondents 16 to 19, the court passed the following:
WP(C) No.1846/2018 2/4
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
APPENDIX OF WP(C) 1846/2018
EXHIBIT P8: TRUE COPY OF THE LETTER DATED 10.1.2018 ISSUED BY THE
IST RESPONDENT TO THE PETITIONER.
08-04-2024 /True Copy/ Assistant Registrar
