Court set aside circulars granting one-time settlement or interest rate reduction as they infringed upon previous binding judgment. Ordered that circular does not apply to petitioner society but remains open for other societies to seek settlement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932
WP(C).No. 31603 of 2007(K) --------------------------
PETITIONER(S):
KALLETTUMKARA SERVICE CO-OPERATIVE BANK NO.141, P.O.KALLETTUMKARA, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY N.C.JOSE.
BY ADV. SRI.M.M.ABDUL AZIZ, SENIOR ADVOCATE SRI.M.A.ABDUL HAKHIM
RESPONDENT(S):
GOVERNMENT PLEADER SRI.P.M. MANOJ R4 BY ADV. SMT.S.MUMTAZ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 31603 of 2007
2
EXHIBITS
PETITIONER'S EXHIBITS
P1:- A PHOTOSTAT COPY OF CIRCULAR NO.35/01 ISSUED BY THE 1ST RESPONDENT P2:- A PHOTOSTAT COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.A.NO.178/04 P3:- A PHOTOSTAT COPY OF THE CIRCULAR NO.30/07 ISSUED BY THE 1ST RESPONDENT P4:- A PHOTOSTAT COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT.
//TRUE COPY//
PA TO JUDGE
THOTTATHIL B. RADHAKRISHNAN, J.
WP (C) NO. 31603 OF 2007
............................................... Dated this the 26th day of March, 2010
J U D G M E N T
The issue raised in this writ petition is regarding the scope of the power of the Government or Registrar of Cooperative Societies to issue circulars to grant one time settlement or to reduce rate of interest. In so far as, the petitioner is concerned, the said issue of law stands conclusively decided in its favour by Exhibit P2 Judgment of this Court. Hence, Exhibit P2 and P3 circular is set aside so far as the petitioner society is concerned. However, it is open to the co-operative societies to go for one time settlement. It is accordingly ordered that Exhibit P3 circular would not apply to the petitioner. This writ petition is ordered accordingly.
Sd/-
THOTTATHIL B. RADHAKRISHNAN, JUDGE.
//True copy//
PA to Judge
rkc
KALLETTUMKARA SERVICE CO-OPERATIVE BANK NO.141
REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM
STATE OF KERALA
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR
M.S.ASANAR
THOTTATHIL B. RADHAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
