Kerala High Court
K.K.Pankajakshan vs State Of Kerala on 19 February, 2009
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29513 of 2006(L)
1. K.K.PANKAJAKSHAN, S/O. KRISHNAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE REGISTRAR OF CO-OPERATIVE
3. THE KERALA STATE CO-OPERATIVE AGRL.
4. THE KUTTANAD PRIMARY CO-OPERATIVE
5. THE JOINT REGISTRAR OF CO-OPERATIVE
For Petitioner :SMT.I.SHEELA DEVI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :19/02/2009
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P(C).No.29513 OF 2006
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Dated this the 19th day of February, 2009
JUDGMENT
1. Petitioner is a member of the Alleppey Co-operative Agricultural and Rural Development Bank Limited. He seeks to challenge Ext.P1 Government Order to the extent it is beneficial to the 4th respondent.
2. The contention raised by the petitioner is that by the operation of Rule 7 of the Kerala Co-operative Societies Rules, 1969, the 4th respondent bank has ceased to exist and no reason is given in Ext.P1 for retaining the 4th respondent though the recommendation was for cancellation of registration of all newly created taluk primary co-operative agricultural banks. It is also contended that by virtue of Section 71 of the Kerala Co-operative Societies Act, 1969, the second respondent is duty bound to wind up the 4th respondent.
WPC.29513/06
Page numbers
3. The petitioner is only a member of a Co-operative Agricultural and Rural Development Bank. He tries to demonstrate that the interest of that bank is affected by the decision contained in Ext.P1 in so far as it is in favour of the 4th respondent. The principles of co-operation and the democratic process in a co-operative society necessarily carries with it the principles of collective existence which, as a necessary corollary, should stand to exclude individual members challenging actions which the society, if interested and aggrieved, could have challenged. Alleppey Co-operative Agricultural and Rural Development Bank Limited has not challenged Ext.P1 Government Order. It is for that bank, if at all, to be aggrieved by Ext.P1 to the extent it gives a benefit to the 4th respondent since the basic allegation is that the benefit given to the 4th respondent would ultimately result in an encroachment into the area of operation of the Alleppey Co- operative Agricultural and Rural Development Bank Limited which, by operation of the proviso to Section 2 (oc) of the Kerala Co-operative societies Act, 1969, has to regulate its WPC.29513/06 Page numbers area of operation in accordance with that provision. Hence, the petitioner does not have any legal right to challenge Ext.P1 to any extent.
4. For the aforesaid reasons, this writ petition fails. The same is accordingly dismissed.
Sd/-
THOTTATHIL B.RADHAKRISHNAN, Judge kkb.