IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27283 of 2008(W) ----------------------------------------- PETITIONER: --------------------- SANTHAMMA RAJAN, NARAYANA VILASAM PUTHEN VEEDU (MUDANGIL), NARANGANAM(W) P.O, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE RESPONDENTS: -------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALAPPUZHA. 2. THE SECRETARY, MULAKKUZHA VILLAGE SERVICE CO-OPERATIVE BANK LTD. NO. 122, MULAKKUZHA.P.O. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN – R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.27283 of 2008-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of September, 2008. JUDGMENT The petitioner contends that the second respondent owed certain funds to Sri.C.V.Sreedharan, who had executed a Will in favour of the petitioner. She has made Exts.P3 and P4 requests before the first respondent since the second respondent has allegedly refused to release the amounts. Within the format of Section 69 of the KCS Act, this is a matter for arbitration. Without hearing the second respondent, it is inappropriate to issue any direction when the claim is on the basis of a Will. Proof of Will would also be a matter for consideration. Whatever that be, the first respondent can take up Exts.P3 and P4 and have the same processed in terms of Section 69 either by himself or through the competent authority in WP(C)27283/2008 -: 2 :- accordance with that provision and have such representations disposed of at the earliest, having regard to the nature of the claim. This is all the more because, going by relationships, it appears that the whereabouts of the petitioner's husband is not known, as of now and the testator of Ext.P1 Will is her father-in- law. For the foregoing reasons, the first respondent is directed to take up Exts.P3 and P4 and do the needful in the light of what is stated above and have appropriate orders issued in the form of awards in accordance with law. Necessary fee in terms of the Rules can also be levied because it is a monetary dispute. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050908