P. SASI, CHAIRMAN RAIDCO Vs. JOINT REGISTRAR

JUDGEMENT

(1.) The two main aspects that arise for consideration in this original petition are:

(2.) Petitioner is the Regional Agro - Industrial Cooperative Ltd. Kannur (RAIDCO for short). RAIDCO is the supplier of pumpsets through primary Cooperative societies / banks all over Kerala. Having come to know of manipulations by private dealers in the supply of pumpsets, the Registrar of Cooperative Societies, the 5th respondent was informed of the same and by order dated 27-12-1983 5th respondent directed all the Joint Registrars to issue directions to the primary Cooperative banks/societies to insist purchase of pumpsets from RAIDCO only. Accordingly directions were issued by the Joint Registrars in all the districts. District Cooperative Bank, Kannur was issuing loans with a stipulation that pumpsets should be purchased from RAIDCO. By Ext P2 dated 25-1-1992 the bank had insisted purchase of pumpsets from RAIDCO. Since then the elected Board of the bank had ' been changed and an administrator appointed. An administrator was appointed for the District Cooperative Banks in Kannur and Kasaragod Districts. Since then a circular was issued by, the Kannur Bank on 26-3-1992 withdrawing A condition No. 6 in the loan sanction order insisting purchase of pumpsets from RAIDCO and it was stated that the loanees can purchase pumpsets and accessories from any authorised dealer they like. That order Ss under challenge in this original petition on the ground that the circular has been issued in violation of the order of the Registrar Ext. P1 dated 27-12-1983. The RAIDCO has approached this court through its Chairman seeking a writ of certiorari to quash Ext. P4 order and a direction to the 5th respondent to take necessary action to withdraw that circular and to implement Ext. P1 order.

(3.) Respondents 2 to 4 filed counter affidavits. In the counter affidavit filed on behalf of respondents 2 and 3 it is stated that Ext. P2 circular was issued on the basis of the specific directions issued by National Bank for Agriculture and Rural Development (NABARD) and that various circulars were issued by NABARD imposing conditions for sanctioning loan. That circular does not suffer from any want of jurisdiction or any other legal infirmities.