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2015 Supreme(Ker) 980

DAMA SESHADRI NAIDU
KADUNGALLOOR SERVICE CO-OPERATIVE BANK LTD. REPRESENTED BY ITS SECRETARY N. SANTHOSHKUMAR – Appellant
Versus
STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT. , CO-OPERATION (C) DEPARTMENT – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.T.A.SHAJI (SR.), SRI.DARSAN SOMANATH
For the Respondent: SRI. SHAJI CHIRAYATH, SMT. JIJI M. VARKEY, SMT. SAVITHA GANAPATHIYATAN, SRI.M.M.SHAJAHAN, D. SOMASUNDARAM,

Judgment :

Introduction:

The petitioner in W.P. (C) No.22515/2015 being a Co-operative Bank has a grievance that the second respondent without any prior notice issued Exhibit P3 order directing the petitioner to close its Customer Service Centre within its area of operation, thereby violating the principles of natural justice.

2. The petitioner in W.P. (C) No.23188/2015, being a member of the fourth respondent Society in W.P. (C) No.22515/2015, has a grievance that the Bank has opened its so called Customer Service Centre without prior permission from the authorities and that it cannot be allowed to carry on any operations even in the name of customer service.

3. Since both the writ petitions deal with the same issue involving substantially the same parties, this Court has proposed to dispose of both the writ petitions through a common judgment. For ease of reference and convenience, the facts as have been set out in W.P. (C) No.22515/2015 and the parties as have been arrayed therein are taken as the basis for the narrative purpose.

Facts in Brief:

In W.P. (C) No.22515 of 2015:

4. The facts in brief are that the petitioner, a Primary Co-operative Bank, functioning for the past seven d




















































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