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2016 Supreme(Ker) 26

ASHOK BHUSHAN, A.M.SHAFFIQUE
ADHITHYA VARMA RAJA. T. K – Appellant
Versus
IRINJALAKUDA CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BANK LTD – Respondent


Advocates:
Advocate Appeared:
SRI.P.RAVINDRAN (SR.), SRI.SREEDHAR RAVINDRAN
SRI.V.G.ARUN, SRI.T.R.HARIKUMAR, SRI.D. SOMASUNDARAM

JUDGMENT

Ashok Bhushan, C.J.

This writ appeal has been filed by the petitioner against judgment and order dated 25.11.2015 in W.P.(C) No. 15917 of 2015 by which judgment the writ petition has been dismissed. Brief facts giving rise to this writ appeal are :

The 1st respondent Irinjalakuda Co-operative Agricultural and Rural Development Bank Ltd. (for brief Bank) had been originally registered with an area of operation comprised of Mukundapuram and Kodungalloor Taluk. By Act 1 of 2000 Section 2(oc) was inserted in Co-operative Societies Act, 1969 (hereinafter referred to as the Act) which defines the Primary Co- operative Agricultural and Rural Development Bank to be Societies having its area of operation confined to 'a Taluk'. Consequently, the 1st respondent Bank was bifurcated into two namely the Irinjalakuda Bank and Kodungalloor Bank. The State Government formed 12 Taluks in the year 2013 among which one of the newly formed Taluk was Chalakkudy Taluk, by bifurcating the area of Mukundapuram Taluk. Consequent to the formation of a new Taluk out of Mukundapuram Taluk, it became statutorily necessary to bifurcate the existing 1st respondent Bank.

2. The Registrar of Co-operative Soci


























































































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