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Kerala High Court
Mattom Service Co-Op.Bank … vs Joint Registrar Of Co-Operative on 22 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37336 of 2007(T)


1. MATTOM SERVICE CO-OP.BANK LTD.NO.140,
                      ...  Petitioner

                        Vs



1. JOINT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

2. SMT.MAGI THOMAS,

                For Petitioner  :SRI.P.N.MOHANAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :22/03/2010

 O R D E R

THOTTATHIL B.RADHAKRISHNAN, J.

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W.P.(C).No.37336 of 2007-T

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Dated this the 22nd day of March, 2010.

Judgment

The petitioner, a co-operative bank, challenges

the action leading to the issuance of Ext.P5

notice invoking Section 66 of the KCS Act. The

Joint Registrar of Co-operative Societies has

issued the impugned Ext.P5 without making any

reference to any material on the basis of which

such enquiry is deemed necessary or called for.

All that has been said is that it has been found

necessary to have such an enquiry conducted on

the premise that interest is being collected by

the bank in violation of the directions contained

in the circulars. The documents that led to

Ext.P5 apparently show that a creditor had

brought up a complaint that led to the impugned

action. The contents of Ext.P5 do not also

disclose the period during which or about which

the enquiry is to be conducted. Having regard to

WPC37336/07 -: 2 :-

the fact that no independent opinion has been

formed on the basis of any relevant materials

which could have been acted upon by the Joint

Registrar and the impugned order having been

issued without any specific ground referable to

any particular action of the bank, it has to be

held that the impugned action is without the

authority of law – see Ellakkal Service Co-

operative Bank v. State of Kerala, 1997(2) KLT 85

and Cheranellur Co-operative Society Ltd. v.

Deputy Registrar, 1976 KLT 353.

For the aforesaid reasons, the writ petition

succeeds. The impugned Ext.P5 is quashed. The

writ petition allowed accordingly.

THOTTATHIL B.RADHAKRISHNAN,
JUDGE.

Sha/2303


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