KUNNATHUNADU TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, which is the Kunnathunadu Taluk Co-operative Agricultural and Rural Development Bank Ltd., (hereinafter referred to as the 'Bank' for short), has filed this Writ Petition, impugning Ext. P14 order of the Government of Kerala, as per which, they appear to have exercised their powers under S. 83(1)(j) of the Kerala Co-operative Societies Act ('KCS Act' for short), by entertaining an appeal preferred by the 4th respondent herein, against an order issued by the Joint Registrar of Co-operative Societies earlier.

(2.) The petitioner - Bank says that the 4th respondent, who is their member and had availed of large loans of more than Rs. 30 lakh from them, made a frivolous complaint before the concerned Joint Registrar of Co-operative Societies and that on the allegation that the said application was not being considered, he had approached this Court, through W.P.(C) No. 29482 of 2017, in which, directions were issued to the Joint Registrar to dispose of the said complaint, which finally led to Ext. P12 order, wherein, the Joint Registrar of Co-operative Societies found all the allegations made by the 4th respondent to be untenable.

(3.) The petitioner contends that against this order, though the proper remedy for the 4th respondent ought to have been to approach the Tribunal, he filed W.P.(C) No. 29482 of 2017 and obtained a judgment, dated 27.09.2017 before this Court, a copy of which has been placed on record as Ext. R4(b), along with the counter affidavit of the 4th respondent, wherein, this Court directed him to file an appeal under S. 83(1)(j) of the KCS Act and further ordered the Government to consider the same as a valid appeal and dispose it of on its merits.