The State has the authority under Section 101 of the Kerala Co-operative Societies Act to exempt a society from provisions if public interest warrants it, including overlapping service areas, validated after proper procedures.

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 WA 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 WP (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