1. This matter has been referred to the Division Bench by a learned judge of this Court as he felt that the decision in Kunju Kunju Estate of Kerala (1971 KLT. 350) did not expressly refer to S.7 (1) (c) of the Kerala Co-operative Societies Act, and that the later decision of one of us (myself) in O.P. Nos. 1285 and 1488 of 1974, while it noticed S.7 (1) (c) and S.12 (5) of the Act felt that the latter Section furnished an answer to non-compliance with S.7 (1) (c) of the Act. The learned judge was inclined to doubt the correctness of this view.

2. The question arises in this case in regard to the affairs of the Kasaragod Co-operative Land Mortgage Bank, whose area of operation falls in part within the area of operation of the Hosdurg Taluk Land Mortgage Bank, which has been directed to be registered under S.7(1) of the Co-operative Societies Act. The contention raised by the petitioner's counsel is that the Registrar (in this case actually the action was taken by the Deputy Registrar) has not applied his mind to, or been satisfied about, the condition under S.7(1)(c)of the Act namely that the areas of the two Societies should not overlap before registration could be gran