Disposed

Vadattupara Rural Co-Operative Society Ltd.No.E 1087, Vadattupara v. the Ernakulam District Co-Operative Bank

Kerala HC5 Dec 2012WP(C)/27333/2012

Case brief

AI extract

What is this about?

The High Court of Kerala directed the 1st respondent District Co-operative Bank and the Joint Registrar to consider and pass appropriate orders on the petitioner's affiliation application within one month, addressing a claim of inordinate delay causing hardship.

What did the court decide?

Direction to the 1st respondent and the Joint Registrar to consider and pass appropriate orders on the petitioner's affiliation application within one month.

Vadattupara Rural Co-Operative Society Ltd.No.E 1087… — Cooperative Societies | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

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WEDNESDAY, THE 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934

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WP(C).No. 27333 of 2012 (N)

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PETITIONER(S):

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VADATTUPARA RURAL CO-OPERATIVE SOCIETY LTD.NO.E 1087, VADATTUPARA,ERNAKULAM DISTRICT, KERALA STATE, REPRESENTED BY ITS SECRETARY SABU T.N

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BY ADVS.SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY

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RESPONDENT(S):

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1. THE ERNAKULAM DISTRICT CO-OPERATIVE BANK,KAKKANAD, ERNAKULAM- 682 030, REPRESENTED BY ITS GENERAL MANAGER, PRESENTLY THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY

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(GENERAL) ERNAKULAM AS ITS ADMINISTRATOR.PIN-682 030

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2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY

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(GENERAL),ERNAKULAM- 682 030 .

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R1 BY ADV. SMT.I.SHEELA DEVI, SC, ERNAKULAM DIST.CO.OP.BANK LTD. R2 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.27333/2012

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE LETTER DATED 29/5/2007 SUBMITTED BY THE SECRETARY OF THE PETITIONER SOCIETY TO THE PRESIDENT OF THE 1ST RESPONDENT BANK

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P2 COPY OF THE POSTAL RECEIPT NO.188 DATED 1/6/2007

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P3 COPY OF THE RESOLUTION DATED NIL OF THE PETITIONER SOCIETY

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P4 COPY OF THE REPRESENTATION DATED 25/6/2011 SUBMITTED BY THE PETITIONER SOCIETY TO THE MINISTER FOR CO-OPERATION

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P5 COPY OF THE LETTER NO.C.P.(2) 31993/11 DATED 13/8/2011 BY THE REGISTRAR OF CO-OPERATIVE SOCIETY TO THE 2ND RESPONDENT.

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P6 COPY OF THE LETTER NO.HM 5405/11 DATED 10/10/2011 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO.JUDGE

sts

HARUN-UL-RASHID, J.

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W.P.(C).No.27333 Of 2012

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Dated this the 5^th day of December, 2012.

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J U D G M E N T

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The writ petition is filed seeking a direction directing the 1^st respondent to grant affiliation to the petitioner in the 1^st respondent District Co-operative Bank without further delay and for other incidental reliefs.

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Heard the learned counsel for the petitioner, standing

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counsel for the 1^st respondent and the learned Government

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Pleader.

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The petitioner is a Primary Co-operative Society. The area of operation of the society is Kuttampuzha Panchayath in Ernakulam District. The society was registered on 13.8.2002 and the petitioner applied for affiliation on 13.4.2007. It is submitted that though the application was submitted as early as on 13.4.2007, the application is still pending consideration without passing any order. The petitioner submitted Ext.P1 reminder. The grievance of the petitioner is that the respondents are not taking any final decision on the application and the delay in

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::2::

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W.P.(C).No.27333 Of 2012

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disposal of the application is causing serious prejudice and hardship to the petitioner society.

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The learned standing counsel for the 1^st respondent on instructions submits that the application for affiliation will be considered and appropriate order will be passed without any further delay.

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It is pointed out by the petitioner that the petitioner remitted the advance share amount on 29.11.2012 and produced the duplicate receipt evidencing payment of advance share amount.

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In this circumstance, the writ petition is disposed of directing the 1^st respondent to consider and pass appropriate orders on the application for affiliation, within a period of one month from the date of receipt of a copy of this judgment.

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HARUN-UL-RASHID, Judge.

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bkn/-

Vadattupara Rural Co-Operative Society Ltd.No.E 1087, Vadattupara v. the Ernakulam District Co-Operative Bank

Case brief

What is this about?

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Vadattupara Rural Co-Operative Society Ltd.No.E 1087, Vadattupara v. the Ernakulam District Co-Operative Bank

Case brief

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What did the court decide?

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