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2014 Supreme(Ker) 975

ANTONY DOMINIC, ANIL K.NARENDRAN
Abdurahiman Nagar Service Co Operative Bank Ltd – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

Antony Dominic, J.

1. This appeal is filed against the judgment of the learned single Judge dismissing W.P(C).22669/11 filed by the appellant. In the writ petition, the appellant challenged Ext.P1 circular No.41/11, issued by the first respondent, the Government of Kerala. By this circular, the Government introduced a One Time Settlement Scheme known as 'Aswas, 2011' giving waiver of the dues of the defaulters to the society for settlement of their liabilities at the rate and in the manner as stated therein. According to the appellant, in the light of the judgment of this Court in Kallettumkara Service Co-operative Bank v. Registrar of Co-operative Societies, 2005 (3) KLT 483, the Government or the Registrar did not have power to issue such circulars. In that premise, the writ petition was filed seeking to invalidate the circular. Learned Judge, relying on the provisions of section 74F of the Kerala Co-operative Societies Act, 1969, hereinafter, the 'Act', for short, repelled the challenge and upheld the circular. It is this judgment, which is under appeal before us.

2. Having heard the learned counsel for the appellant, learned Government Pleader and the counsel appearing f




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