Dismissed

Iverkala Service Co-Operative Bank LTD.NO.193 v. the Registrar of Co-Operative Societies

Kerala HC8 Nov 2018WP(C)/14905/2018

Case brief

AI extract

What is this about?

A writ petition by a co-operative bank to restrain another bank from opening a branch in its area. The petitioner's counsel submitted the proposal was withdrawn, leading to the dismissal of the petition while reserving rights if a fresh proposal is made. No legal principles were discussed.

What did the court decide?

The writ petition was dismissed as withdrawn.

Iverkala Service Co-Operative Bank LTD.NO.193 Vs the… — Cooperative Societies | Kerala HC (2018)

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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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THURSDAY ,THE 08TH DAY OF NOVEMBER 2018 / 17TH KARTHIKA, 1940

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WP(C).No. 14905 of 2018

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PETITIONER:

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IVERKALA SERVICE CO-OPERATIVE BANK LTD.NO.193 REPRESENTED BY ITS SECRETARY, IVERKALA EAST P.O.,KOLLAM DISTRICT.

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BY ADV. SRI.T.R.HARIKUMAR

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RESPONDENTS:

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1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM-695 001.

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2 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) KOLLAM-691 001.

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3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) SASTHAMCOTTA, KOLLAM-690 520. 4 THURUTHIKKARA SERVICE CO-OPERATIVE BANK LTD.NO.1904 REPRESENTED BY ITS SECRETARY,KUNNATH EAST P.O., KOLLAM DISTRICT - 690 540.

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BY ADVS. SRI.M.KANNAN SRI K.P.HARISH, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.14905/2018

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JUDGMENT

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The petitioner, which is a Society registered under the Kerala Co-operative Societies Act, 1969, has filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the second respondent Joint Registrar not to grant sanction to the fourth respondent Society to start a new Branch in Manampuzha, which is within the area of operation of the petitioner Society. The petitioner has also sought for other consequential reliefs.

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On 4.5.2018, when this Writ Petition came up for consideration, the learned Government Pleader was directed to get instructions and the case was posted to 22.5.2018. This Court ordered that, in the meanwhile, if the fourth respondent opens any Branch, its operation will be subject to further orders from this Court.

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On 22.5.2018, when this Writ Petition came up for admission, the learned Senior Government Pleader took notice on admission for respondents 1 to 3. Urgent notice on admission by speed post was ordered to the fourth respondent, returnable within three weeks.

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A counter affidavit has been filed by the third respondent. Paragraph 3 of the said counter affidavit reads thus :

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“3. It is submitted that it is true as stated in Exhibit-P2, the fourth respondent Bank submitted application to the second respondent through the third respondent's office for the amendment of byelaw clause 4 and requested to amend their area of operation which

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W.P.(C) No.14905/2018

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includes Manampuzha, Ward No.1, 2, 3 in Kunnathoor Panchayat, Thuruthikkara, Thottam, Padinjattemmuri, Naduvilemuri, Kizhakkemuri. On the basis of this, the respondent Bank submitted application before the third respondent on 23.12.2017. The newly requested area, Manampuzha was also an area of the petitioner Society registered and approved as per Order No.2498/R.Dis dated 25.1.1997. Hence the third respondent has not recommended this ward as the area of operation to the respondent Bank.”

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Today when the case is taken up for further consideration, it

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is submitted by the learned counsel for the petitioner that the fourth respondent Society has dropped the proposal to open a new Branch in Manampuzha, as the same was not recommended by the second respondent Joint Registrar. Therefore, this Writ Petition may be dismissed as withdrawn, leaving open the legal and factual contentions, and reserving the right of the petitioner to approach this Court again, in case a fresh proposal is made by the fourth respondent for opening any Branch within the area of operation of the petitioner Society. Recording the above submission made by the learned counsel for the petitioner, this Writ Petition is dismissed as withdrawn, reserving the aforesaid right of the petitioner.

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Sd/- JUDGE

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W.P.(C) No.14905/2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT-P1: A TRUE COPY OF THE RELEVANT PORTION OF THE BYELAWS OF THE PETITIONER SOCIETY. EXHIBIT-P2: A TRUE COPY OF THE NOTICE PUBLISHED IN THE DESABHIMANI DAILY DATED 10.11.2017. EXHIBIT-P3: A TRUE COPY OF THE REPRESENTATION DATED 29.11.2017 ALONG WITH RESOLUTION DATED 20.11.2017, SUBMITTED BEFORE THE 2ND RESPONDENT. EXHIBIT-P4: A TRUE COPY OF THE REQUEST DATED 17.04.2018 ALONG WITH RESOLUTION DATED 16.04.2018 SUBMITTED BEFORE THE 2ND RESPONDENT.

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csl

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//True copy//

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P.S. to Judge

Iverkala Service Co-Operative Bank LTD.NO.193 v. the Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Iverkala Service Co-Operative Bank LTD.NO.193 v. the Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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