Over 2 lakh Indian cases. Search powered by Google!

Case Details

THIRUMARAYOOR SERVICE CO

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


THIRUMARAYOOR SERVICE CO-OPERATIVE v. EDAKKATTUVAYAL SERVICE CO-OPERATIVE - WP(C) No. 766 of 2007(N) [2007] RD-KL 7097 (3 April 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 766 of 2007(N)

1. THIRUMARAYOOR SERVICE CO-OPERATIVE
... Petitioner

Vs

1. EDAKKATTUVAYAL SERVICE CO-OPERATIVE
... Respondent

2. THE JOINT REGISTRAR OF

For Petitioner :SRI.P.P.JACOB

For Respondent :SRI.P.K.VIJAYAMOHANAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

Dated :03/04/2007

O R D E R

C.N. RAMACHANDRAN NAIR, J.

W.P.(C). NO. 766 OF 2007

Dated this the 3rdday of April, 2007



J U D G M E N T

The petitioner is challenging Ext.P7 where under the Joint Registrar has approved the amendment of byelaw of the 1st respondent extending its area of operation to Edakkattuvayal and Kaippattoor Villages. According to the petitioner, by virtue of Ext.P2 byelaw of the petitioner, Edakkattuvayal and Kaippattoor Villages are in the exclusive area of operation of the petitioner and therefore any amendment including the very same areas within the area of operation of the 1st respondent is opposed to Sec.7(1)(c) of the Kerala Co-operative Societies Act (for short "the Act") and therefore the 2nd respondent was not entitled to approve the amendment under Section 12(2) of the Act. Learned counsel for the 1st respondent contended that the 1st respondent was registered in 1939 and had membership and business from Edakkattuvayal and Kaippattoor Villages WPC NO.766/07 Page numbers and therefore, the amendment is only a redefinition of its area of operation. The scheme of the Act as visualised under Section 7(1)(c) of the Act does not visualise over lapping of area of operation of different societies with the same objects. The petitioner and the 1st respondent are admittedly Co-operative Banks engaged in the very same business. Therefore the area of operation of these two Co- operative Banks should not be over lapping. In this particular case it appears that the petitioner was formed later and therefore on petitioner's formation some of the areas which were under the 1st respondent would have gone to the exclusive area of operation of the petitioner. This necessarily means that the 1st respondent cannot continue to admit members from the area of operation of the petitioner. Ext.P2 clearly shows that Edakkattuvayal and Kaippattoor Villages are within the exclusive area of operation of the petitioner and so much so the Joint Registrar should not have approved the inclusion of the very same areas by the 1st respondent through amendment of WPC NO.766/07 Page numbers the byelaw more so, when the same claim of the 1st respondent was rejected by the 2nd respondent in an earlier occasion. However, for the sake of continuance of business of members who are already transacting business with the 1st respondent, I feel they can be allowed to continue with the 1st respondent. In the above circumstances, this writ petition is allowed vacating Ext.P7 approving the inclusion of Edakkattuvayal and Kaippattoor Villages within the area of operation of the 1st respondent leaving freedom to the 1st respondent to continue business and to retain existing members from those areas, if they desire and to serve them. However, the 1st respondent shall not admit fresh members from these two villages or open any branch in those villages. C.N. RAMACHANDRAN NAIR,

JUDGE

vps WPC NO.766/07 Page numbers

KURIAN JOSEPH, JUDGE

OP NO. WPC NO.766/07 Page numbers

JUDGMENT

21st DECEMBER, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.