Judgment : Antony Dominic, J. 1. Interpretation of Section 74B of the Kerala Co-operative Societies Act (hereinafter referred to as 'the Act' for short), providing for opening of branches by the Co-operative Banks mentioned therein is the issue raised for our consideration. 2. The appellant filed the writ petition challenging Ext.P5 order passed by the Registrar of Cooperative Societies according permission to the 3rd respondent, a District Co-operative Bank, to open a new branch within the area of operation of the first appellant. This order, according to the appellants, was in violation of Section 74B of the Act. However, in the judgment under appeal, the learned single Judge held that Section 74B is only an enabling provision and the restrictions contained are not mandatory. It is this judgment which is under challenge before us. 3. The first appellant is a Primary Credit Co-operative Society as defined under Section 2(oa) of the Act, 1969. Its area of operation is confined to Perumatty Grama Panchayath. Subsequently the Joint Registrar passed orders permitting it to grant gold loans and non agricultural loans to persons residing within Pattancherry Panchayath also. According to the appellants, they came to know that the 3rd respondent proposed to open its branch at Vandithavalam situated within the Perumatty Grama Panchayath. Enquiries made by them revealed that it was based on Ext.P5 proceedings of the Registrar of Co-operative Societies dated 06.05.2011 according permission to the 3rd respondent to open the branch as proposed by them. It was Ext.P5 order which was challenged before this Court on the ground that it was issued in violation of provisions of Section 74B of the Act . As we have already stated, the learned single Judge took the view that Section 74B is only an enabling provision and on that basis, the writ petition was dismissed. 4. We heard the learned counsel for the appellants, the learned Government Pleader appearing for respondents 1 and 2 and also the learned counsel appearing for the 3rd respondent, the District Co- operative Bank. Learned counsel for the appellants contended that in view of Section 74B of the Act, the District Co-operative Bank can open branches in the area of operation of its member credit societies, if such member credit societies are weak and not functioning enough to provide service to the members or to the public. Learned counsel for the appellants contended that in view of Section 74B of the Act, the District Co-operative Bank can open branches in the area of operation of its member credit societies, if such member credit societies are weak and not functioning enough to provide service to the members or to the public. According to the appellants, the first appellant Society is in sound financial condition as is evident from the dividend declared by it during the period from 2002-2011. It is also stated that there was no material, whatsoever, before the first respondent to conclude that the first appellant was not functioning enough to provide service to its members or to the public. He also pointed out that Ext.P5 order did not contain any finding on both these vital aspects. The counsel, therefore, contended that this is not a case where the requirements of Section 74B are satisfied, to permit the 3rd respondent Bank to open its branch within the area of operation of the 1st appellant. 5. On the other hand, the learned counsel appearing for the 3rd respondent contended that the District Co-operative Bank has obtained licence from the Reserve Bank of India as provided under the Banking Regulation Act and that in terms of the licence thus granted by the RBI, they are free to carry on banking activities anywhere in India. He also relied on Section 23(b) of the Banking Regulation Act as available in Chapter 5 of the said Act and contended that no permission of the RBI is needed to open branches. The counsel also contended that the language of Section 74B made it expressly clear that the said section did not impose any prohibition on the District Co-operative Banks from opening branches within the area of operation of its member societies. 6. We have considered the submissions made. Section 74B of the Act provides for opening of branches. This section, being relevant, reads as follows: "S.74B. Opening of Branches.- (1) The State Co-Operative Bank, the State Co-Operative Agricultural and Rural Development Bank and the District Co-Operative Banks may open branches in the area of operation of their member credit societies if such member credit societies are weak and not functioning enough to provide service to the members or to the public." 7. Opening of Branches.- (1) The State Co-Operative Bank, the State Co-Operative Agricultural and Rural Development Bank and the District Co-Operative Banks may open branches in the area of operation of their member credit societies if such member credit societies are weak and not functioning enough to provide service to the members or to the public." 7. A reading of the section shows that a District Co-operative Bank like the 3rd respondent has been given discretion to open branches in the area of operation of its member societies. However, that discretion conceded to the District Co-operative Banks is subject to the condition that such member credit societies are weak and are not functioning enough to provide service to its members or to the public. Therefore, when the Legislature introduced Section 74B by Act 7 of 2010 with effect from 28.04.2010 and authorised the District Co-Operative Banks to open branches within the area of operation of their member credit societies, the Legislature has consciously made such freedom subject to the restriction that the credit societies are weak and are not functioning enough to provide service to its members or to the public. If these restrictive clauses were not incorporated, the District Co-operative Banks would have been free to trespass into the area of operation of the member credit Societies, which if allowed, will threaten not only the business of the member societies but their viability also. It was to avoid such a situation that these restrictions are incorporated in Section 74B of the Act. Therefore, when these conditions are satisfied, a District Co- Operative Bank cannot open branches within the area of operation of its member credit societies. 8. When the language of a statute is clear and unambiguous, it is not open to the court to adopt a process of interpretation and render any part of the Section redundant or otiose. In our view, when the language of the legislature is unambiguous, the court should literally interpret the statute and thereby give full meaning to the entire legislation, bearing in mind the settled principle that the legislature cannot be presumed to have used any surplusage in the enactment. In our view, when the language of the legislature is unambiguous, the court should literally interpret the statute and thereby give full meaning to the entire legislation, bearing in mind the settled principle that the legislature cannot be presumed to have used any surplusage in the enactment. If Section 74B is understood in that light, we have no doubt in our mind that the freedom conceded to the District Co-Operative Banks to open branches is subject to the satisfaction of the two conditions viz., the member co-operative societies should be weak and it shall not be functioning enough to provide service to its members or to the public and these requirements of law, cannot be brushed aside on the basis that the provision is only an enabling one. 9. Insofar as this case is concerned, based on the resolution passed by the 3rd respondent, a request was made to the Registrar of Co-operative societies through the Joint Registrar. The Joint Registrar forwarded the resolution to the Registrar along with his recommendation and it is on that basis Ext.P5 proceedings was issued by the Registrar. By this proceedings, the Registrar has permitted the 3rd respondent to open two branches subject to it providing adequate security system and also with the existing staff strength. This order does not contain anything indicating the satisfaction of the aforesaid two conditions mentioned in Section 74B. In other words, Ext.P5 proceedings permitting the third respondent to open branches, was issued without adverting to the requirements of Section 74B of the Act. 10. As far as the contention of the 3rd respondent that it being a licencee under the Banking Regulation Act, in view of Section 23(b) of the said Act, no permission of the RBI is necessary and that therefore it is free to carry on banking activities anywhere it chooses, is concerned, we are afraid that we cannot accept such a contention. Though it is true that it is licenced by the Reserve Bank of India, fact remains that the 3rd respondent is a Central Society as defined under Section 2(d) of the Act. Such a society is amenable for the discipline of the Co-Operative Societies and therefore, it is also governed by Section 74B of the Act. 11. Resultantly, the judgment of the learned single Judge cannot be upheld and is set aside. 12. Such a society is amenable for the discipline of the Co-Operative Societies and therefore, it is also governed by Section 74B of the Act. 11. Resultantly, the judgment of the learned single Judge cannot be upheld and is set aside. 12. However, fact remains that after the dismissal of the writ petition, the branch in question was opened on 12.04.2014 and this has been brought to the notice of this Court in the affidavit dated 15.05.2014 filed by the 3rd respondent. Therefore, we allow this appeal and set aside Ext.P5 and direct that the Registrar of Co-operative Societies Act should reconsider the request made by the 3rd respondent for opening branches, in the light of Section 74B. Such reconsideration shall be with notice to the first appellant and orders thereon shall be passed as expeditiously as possible and at any rate within six months from the date of receipt of a copy of this judgment. It is also directed that until orders are passed as above, status quo as on today will continue and once orders are passed, the parties will be governed by the order so passed by the Registrar.