IN THE HIGH COURT OF KERALA AT ERNAKULAM
Ashok Bhushan, A.M. Shaffique, JJ.
IRINGALLUR-PALAZHI SERVICE CO-OPERATIVE BANK LTD. – Appellant
Versus
STATE OF KERALA – Respondent
W.A. Nos. 2344, 5148 of 2015
Decided On : 16-03-2016
JUDGMENT :
Ashok Bhushan, J.
1. These six Writ Appeals have been filed against the common judgment dated 13.10.2015 delivered in a bunch of Writ Petitions. Writ Petition No. 4949 of 2015 was treated as the leading Writ Petition by the learned Single Judge for referring the facts and pleadings. Writ Appeal No. 2441 of 2015 arising out of Writ Petition No. 4949 of 2015 is being treated as the leading Writ Appeal and it shall be sufficient to refer to the facts and pleadings in W.A. No. 2441 of 2015 for deciding all these Writ Appeals. The parties shall be referred to as described in Writ Petition No. 4949 of 2015.
2. Writ Petition No. 4949 of 2015 giving rise to Writ Appeal No. 2441 of 2015 was filed by five Writ Petitioners who were all Primary Agricultural Credit Banks. The first petitioner, Perumanna Service Co-operative Bank was registered on 24.02.1966 which is a Class I Special Credit Bank under the Madras Co-operative Societies Act, 1932 which was enforced in Malabar area. Second petitioner, Olavanna Service Co-operative Bank was registered on 26.03.1918 having its area of operation in five Wards of Olavanna Grama Panchayat. The third petitioner, Nanminda Co-operative Rural Bank Ltd., was registered on 31.07.1946 as a Class I Special Credit Bank. The fourth petitioner, Mannur Service Co-operative Bank, is a Class I category Bank registered on 04.11.1955 with an area of operation in Kadalundi Grama Panchayat. The fifth petitioner, Kuruvattoor Service Co-operative Bank was registered on 04.01.1968. All the petitioners being Credit Banks/Societies were carrying on their business in the respective areas of operation in the District of Kozhikode. The second respondent, Karassery Service Co-operative Bank (for short, “the KSCB) was registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as “the 1969 Act”) on 22.09.1994 as a Primary Agricultural Credit Co-operative Bank. The area of operation of KSCB was the Karassery Panchayat, in Kozhikode District.
3. In Kozhikode Taluk there are 46 Service Cooperative Banks functioning. The KSCB got its bye-laws amended which was approved by the Joint Registrar by his Order dated 30.04.2004 permitting the KSCB to give D Class membership within the whole area of Kozhikode Taluk, who can avail loan, make deposit and stand as surety for availing loan. The KSCB enrolled 30000 D Class members out of which 28000 members were granted loans. On 29.03.2012, the General Body of the KSCB passed a resolution to request the Government to formally issues orders extending its area of operation in the whole of Kozhikode Taluk to help and assist the D Class members in the area. The KSCB also sent a representation dated 26.06.2012 to the State Government. Two beneficiary Societies of the KSCB, viz. Integrated Development Centre, Thamarassery and Ramanattukara Grama Nirmana Samithi filed W.P. (C) No. 17686 of 2012 in the High Court pleading that the first petitioner therein is the Society registered under the 1969 Act and functioning in Thamarassery, Kozhikode whereas the second petitioner is an Organisation rendering service in the matter of empowering women who were living below poverty line. According to them they are receiving funds for all the activities from KSCB. However, because of location of KSCB distant away from the place of operation, they are facing difficulties, they prayed for a direction to the Government to consider the resolution dated 29.03.2012 and representation dated 25.06.2012 submitted by the KSCB. The Writ Petition was disposed of on 07.08.2012 directing the Secretary to Government, Co-operation Department to consider the representation dated 25.06.2012 submitted by the KSCB within a period of two months from the date of receipt of the copy of the judgment. The State Government considered the resolution and the representation in pursuance of the judgment
Feroke Service Co-operative Bank Ltd. vs. State of Kerala
Fertilizer Corporation Kamgar Union (Regd.) Sindri and Others, vs. Union of India and Others
Indian Express Newspapers (Bombay) Pvt. Ltd and Others vs. Union of India and Others
Jasbhai Motibhai Desai vs. Roshan Kumar, Haji Bashir Ahmed
Kasaragod Co-operative Land Mortgage Bank vs. State of Kerala and Others
Kunju Kunju vs. State of Kerala and Others
Nachimuthu M. and Another vs. State of Kerala and Others
Pampadi Rural Co-op. Housing Society vs. Joint Registrar
Quilon Taluk L.C. & T Co-op. Society vs. State of Kerala
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.