Kerala High Court
Poonjar Service Co-Operative Bank Ltd. ... vs State Of Kerala on 2 July, 2013
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
FRIDAY, THE 8TH DAY OF AUGUST 2014/17TH SRAVANA, 1936
WP(C).NO. 20535 OF 2013 (N)
----------------------------
PETITIONER:
--------------------
POONJAR SERVICE CO-OPERATIVE BANK LTD. NO.3963,
REPRESENTED BY ITS SECRETARY-IN-CHARGE,
POONJAR P.O.,KOTTAYAM DISTRICT.
BY ADVS.SRI.P.V.BABY
SRI.A.N.SANTHOSH
RESPONDENTS:
-------------------------
1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO
CO-OPERATIVE DEPARTMENT,
SECRETARIAT, TRIVANDRUM.
2. NATIONAL BANK FOR AGRICULTURE AND
RURAL DEVELOPMENT (NABARD),
INSTITUTIONAL DEVELOPMENT DEPARTMENT,
BKC BANDRA, MUMBAI-400 051,
REPRESENTED BY ITS EXECUTIVE DIRECTOR.
3. RESERVE BANK OF INDIA,
REPRESENTED BY ITS REGIONAL MANAGER,
TRIVANDRUM.
4. REGISTRAR OF CO-OPERATIVE SOCIETIES,
TRIVANDRUM.
R1 & R4 BY MR.R. RANJITH.
R2 BY ADVS. SRI.LEO GEORGE,
SRI.K.P.SUJESH KUMAR.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 08-08-2014, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
rs.
WP(C).NO. 20535 OF 2013 (N)
APPENDIX
PETITIONER'S EXHIBITS:-
EXHIBIT P1: A TRUE COPY OF THE ORDER/DIRECTION DATED 02.07.2013
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2: A TRUE COPY OF THE REPRESENTATION DATED 07.08.2013
BEFORE THE MINISTER FOR CO-OPERATION.
EXHIBIT P3: A TRUE COPY OF THE INTIMATION DATED 05.08.2013 OF THE
4TH RESPONDENT.
EXHIBIT P4: A TRUE COPY OF THE REPRESENTATION DATED 02.08.2013
SUBMITTED BEFORE MINISTER FOR CO-OPERATION.
RESPONDENT'S EXHIBITS:-
EXT.R2A COPY OF THE RELEVANT PAGES OF THE REPORT OF THE
DR.PRAKASH BAKSHI COMMITTEE.
EXT.R2B COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT
DATED 10/06/2013.
EXT.R2C COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT
DATED 17/07/2013.
EXT.R2D COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT
DATED 30/07/2013.
EXT.R2E COPY OF THE LETTER ISSUED BY THE SECOND RESPONDENT
TO THE CHIEF MINISTER OF KERALA, DATED 22/08/2013.
EXT.R4A COPY OF THE COMMUNICATION DATED 6TH SEPTEMBER 2013
ISSUED BY THE CHIEF GENERAL MANAGER OF 2ND RESPONDENT.
//TRUE COPY//
P.S.TO JUDGE
rs.
K.SURENDRA MOHAN, J.
---------------------------------------------
W.P.(C) No.20535 of 2013-N
----------------------------------------------
Dated this the 8th day of August, 2014
J U D G M E N T
The petitioner, a Primary Agricultural Credit Society (PACS) has filed this writ petition challenging Exhibit P1 by which, the second respondent has directed the Primary Agricultural Credit Societies to function as business correspondents of the second respondent. As per interim order issued in this writ petition, Exhibit P1 is remaining stayed.
2. A counter affidavit has been filed by the 4th respondent producing Exhibit R4(a), another circular issued by the second respondent dated 06.09.2013. It has been clarified in Exhibit R4(a) that the directions in Exhibit P1 are only recommendatory in nature and not binding. In view of the above clarification no further reliefs are necessary to be granted in this writ petition. -:2:- W.P.(C) No.20535 of 2013-N This writ petition is therefore disposed of in terms of the clarification contained in Exhibit R4(a).
K.SURENDRA MOHAN, JUDGE kkj