Dismissed

M/S. Pallassana Rural Credit Co-Operative Society Ltd. v. the Joint Registrar (General)

Kerala HC18 Dec 2017WP(C)/29369/2017

Case brief

AI extract

What is this about?

A Rural Credit Co-operative Society filed a writ petition under Article 226 challenging the 2nd respondent Bank's refusal to grant affiliation. The Court held that under the Kerala Co-operative Societies (Amendment) Act, 2017, only Primary Agricultural or Urban Co-operative Societies can be members of District Co-operative Banks. Since the petitioner did not fall under this definition, the Court f

What did the court decide?

The writ petition to quash the decision and command reconsideration is dismissed.

M/S. Pallassana Rural Credit Co-Operative Society Ltd… — Company and Corporate | Kerala HC (2017)

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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 ANIL K.NARENDRAN

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MONDAY, THE 18TH DAY OF DECEMBER 2017/27TH AGRAHAYANA, 1939

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WP(C).No. 29369 of 2017 (U)

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PETITIONER(S) :

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M/S. PALLASSANA RURAL CREDIT CO-OPERATIVE SOCIETY LTD., (P-1227) CHIRAKKODE, PALLASSANA P.O., PALAKKAD DISTRICT- 678 505, REPRESENTED BY ITS PRESIDENT M.V.SREEDHARAN.

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BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.

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RESPONDENT(S) :

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1. THE JOINT REGISTRAR (GENERAL), OFFICE OF THE CO-OPERATIVE SOCIETIES JOINT REGISTRAR, PALAKKAD- 678 001.

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2. GENERAL MANAGER, PALAKKAD DISTRICT CO-OPERATIVE BANK LTD. (P-521), HEAD POST OFFICE ROAD, SULTHANPET PALAKKAD- 678 001.

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R1 BY SR.GOVERNMENT PLEADER SRI.K.P.HARISH R2 BY ADV. SRI.M.SASINDRAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 29369 of 2017 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE APPLICATION DATED 13.12.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

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EXHIBIT P2: TRUE COPY OF THE REMINDER DATED 28.06.2014 SENT TO THE 2ND RESPONDENT BANK BY THE PETITIONER.

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EXHIBIT P3: TRUE COPY OF THE REQUEST DATED 28.01.2016 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT BANK.

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EXHIBIT P4: TRUE COPY OF THE REQUEST DATED 30.01.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

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EXHIBIT P5: TRUE COPY OF ORDER DATED 05.02.2016 SENT BY THE 1ST RESPONDENT ADDRESSED TO THE 2ND RESPONDENT.

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EXHIBIT P6: TRUE COPY OF THE JUDGMENT MADE IN W.P(C).NO. 3896/2017 DATED 21.02.2017.

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EXHIBIT P7: TRUE COPY OF THE JUDGMENT MADE IN COC.NO.1239/2017 DATED 03.08.2017.

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EXHIBIT P8: TRUE COPY OF THE DECISION DATED 20.07.2017 MADE BY THE 2ND RESPONDENT BANK REJECTING THE REQUEST FOR AFFILIATION FILED BY THE PETITIONER.

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RESPONDENT(S)' EXHIBITS :

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EXHIBIT R2(A): A TRUE COPY OF THE KERALA CO-OPERATIVE SOCIETIES (AMENDMENT) ACT 2017, WHICH CAME WITH EFFECT FROM 10.04.2017, PUBLISHED IN THE OFFICIAL GAZETTE.

//TRUE COPY//

P.S.TO JUDGE.

Msd.

ANIL K. NARENDRAN, J.

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W.P(C) No.29369 of 2017

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Dated this the 18^th day of December, 2017

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J U D G M E N T

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The petitioner, which is a Rural Credit Co-operative Society, registered under the provisions of the Kerala Co-operative Societies Rules, 1969, is before this Court in this writ petition filed under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P8 decision taken by the 2^nd respondent Bank refusing to grant affiliation to the petitioner Bank. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent Bank to reconsider Ext.P1 request made by the petitioner, taking note of the directions contained in Ext.P5 order issued by the 1^st respondent and also the amendment made to Section 18 of the Kerala Co-operative Societies Act, by Kerala Co-operative Societies Amendment Bill, 2017.

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A counter affidavit has been filed on behalf of the 2^nd respondent Bank producing therewith a copy of the Kerala Cooperative Societies (Amendment) Act, 2017 as Ext.R2(a). As per the provisions of the said Act only a Primary Agricultural Credit

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W.P(C) No.29369 of 2017 :-2-:

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Co-operative Societies or Urban Co-operative Bank can become members of the District Co-operative Bank. As the petitioner Society does not fall within definition of the Agricultural Credit Co-operative Society or Urban Co-operative Bank, it cannot be accepted as a member, in the light of the amendment brought into force vide Ext.R2(a).

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In such circumstances, I find absolutely no grounds to interfere with the reasons stated in Ext.P8 order, whereby the application made by the petitioner Society for membership in the 2^nd respondent Bank stands rejected.

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In the result, this writ petition fails and the same is accordingly dismissed.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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//True Copy//

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P.A to Judge

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M/S. Pallassana Rural Credit Co-Operative Society Ltd. v. the Joint Registrar (General)

Case brief

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M/S. Pallassana Rural Credit Co-Operative Society Ltd. v. the Joint Registrar (General)

Case brief

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