Disposed

Vadakara Town Co-Operative Urban Society Ltd. v. the Kozhikode District Co-Operative Bank

Kerala HC19 Dec 2012WP(C)/30175/2012

Case brief

AI extract

What is this about?

This petition sought directions for mandatory affiliation and membership of the 1st respondent Bank. The court directed the respondents to consider pending applications expeditiously within one month, without treating them as automatically granted despite alleged delay.

What did the court decide?

Direction to respondents to consider and pass orders on affiliation applications within one month.

Vadakara Town Co-Operative Urban Society Ltd. Vs the… — 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 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934

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WP(C).No. 30175 of 2012 (V)

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PETITIONER(S):

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1. VADAKARA TOWN CO-OPERATIVE URBAN SOCIETY LTD. NO. 2822, P.O.VADAKARA, KOZHIKODE DISTRICT PIN-673101, REPRESENTED BY ITS SECRETARY.

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2. THE KAKKATTIL CO-OPERATIVE URBAN SOCIETY LTD. NO. 2764, P.O.KAKKATTIL, KOZHIKODE DISTRICT PIN-673507, REPRESENTED BY ITS SECRETARY.

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3. VADAKARA EDUCATIONAL CO-OPERATIVE SOCIETY LTD. NO. D 2330, P.O. VADAKARA, KOZHIKODE DISTRICT PIN-673101, REPRESENTED BY ITS SECRETARY.

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BY ADVS.SRI.K.RAKESH ROSHAN SMT.THUSHARA.V

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RESPONDENT(S):

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1. THE KOZHIKODE DISTRICT CO-OPERATIVE BANK P.B.NO. 503, CALICUT-673002 REPRESENTED BY ITS GENERAL MANAGER.

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2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE, PIN-673001.

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R1 BY ADV. SRI.R.SUDHISH, SC, KOZHIKODE 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 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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DCS

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WP(C).No. 30175 of 2012 (V)

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APPENDIX

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PETITIONER(S) EXHIBITS :-

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EXT.P1:-	COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT.
EXT.P2:-	COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT.
EXT.P3:-	COPY OF THE REGISTRATION CERTIFICATE ISSUED BY THE 2ND RESPONDENT.
EXT.P4:-	COPY OF THE APPLICATION SUBMITTED BY THE IST PETITIONER TO THE IST RESPONDENT
EXT.P5:-	COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER TO THE IST RESPONDENT
EXT.P6:-	COPY OF THE APPLICATION SUBMITTED BY THE 3RD PETITIONER TO THE IST RESPONDENT.
EXT.P7:-	COPY OF THE NOTICE OF THE GENERAL BODY OF THE IST RESPONDENT BANK HELD ON 7/12/2012
EXT.P8:-	COPY OF THE AMENDMENT PROPOSED AND ACCEPTED IN THE GENERAL BODY OF THE IST RESPONDENT BANK HELD ON 7/12/2012

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RESPONDENTS' EXHIBITS :- NIL

/TRUE COPY/

P.A. TO JUDGE

DCS

HARUN-UL-RASHID, J.

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W.P.(C).No.30175 Of 2012

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Dated this the 19^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 for a direction directing the respondents to give membership and affiliation of the 1^st respondent Bank forthwith, for a declaration that after sixty days from the date of application, the petitioners became member of the 1^st respondent and for a direction to the 1^st respondent Bank to dispose of Ext. P4, P5 and P6 applications forthwith after hearing the petitioners.

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Petitioners are co-operative societies registered under the Kerala Co-operative Societies Act, 1969. It is submitted that they are entitled to the affiliation and membership of the 1^st respondent Bank as per Sec. 8A of the Act for getting benefits as to the member of society. The petitioners submitted Ext. P4, P5 and P6 application respectively for grant of affiliation and membership. It is said that no decision so far been taken. In such circumstances writ petition is filed for the aforesaid reliefs.

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::2::

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W.P.(C).No.30175 Of 2012

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The petitioners submit that the applications were submitted by them on 03.08.2012 and 22.11.2011 respectively and that they have complied with Sec. 8A of the Kerala Cooperative Societies Act. Sec. 8A(2) of the Act stipulates that if the application is not disposed of within sixty days, the application for affiliation is deemed to have been granted. The counsel contends that the status of affiliation is automatic on the event of expiry of the period of sixty days under Sec. 8A(2).

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In the above circumstances, the writ petition is disposed of directing respondents to consider and pass appropriate orders on applications for affiliation submitted by the petitioners, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

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Sd/HARUN-UL-RASHID, Judge.

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DCS

Vadakara Town Co-Operative Urban Society Ltd. v. the Kozhikode District Co-Operative Bank

Case brief

What is this about?

What did the court decide?

Vadakara Town Co-Operative Urban Society Ltd. v. the Kozhikode District Co-Operative Bank

Case brief

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What did the court decide?

What the court decided

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