IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 22143 of 2008(J) -------------------------- PETITIONER: ------------ 1. JOSEPH KOLLAMKUNNEL S/O.JOSEPH, 47 YEARS THIRUMENI AMSOM, PULINGOM DESOM, PO.THIRUMENI, TALIPARAMBA TALUK MEMBER 22155). 2. MATHEW ALUMMOOTTIL S/O.THOMAS, PO.,ARIILANJAPOYIL ALAKKODE VIA., ALAKODE AMSOM ARANGAM DESOM, THALIPARAMBA TALUK MEMBER 27410). BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENTS: ------------- 1. THE THALIPARAMBA PRIMARY CO.OP.AGRL.& RURAL DEVELOPMENT BANK, LTD.C 1007, PERUMBA.P.O,., PAYYANNUR-670 307, REP. BY ITS SECRETARY 2. MANAGING COMMITTEE THALIPARAMBA PRIMARY CO.OP.AGRL.AND RURAL DEVELOPMENT BANK, LTD., NO.C-1007, PERUMBA, PO., PAYYANNUR-670 307, REP. BY ITS PRESIDENT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.22143 OF 2008 ------------------------------------------- Dated this the 23rd day of July, 2008 JUDGMENT The petitioners are members of the first respondent Bank. They challenge the proposal of the respondents to make recruitment of a secretary by following direct recruitment as the method of appointment. They also impeach the proposal to select certain watchmen and other staff. It is contended, among other things, that even going by Ext.P3 written statement filed by the first respondent before the arbitration court in April, 2008, it is the specific stand of that respondent that they are going through a phase of severe financial crisis and no appointment would be made. But a close reading of the writ petition apparently shows that one of the issues sought to be projected is that direct recruitment as the method of appointment is sought to be resorted to while persons are available in the feeder category for promotion to that post. Persons in the service of co-operative societies are not to be treated as uneducated or those without the ability to move the WPC.22143/08 Page numbers appropriate statutory authority or courts to protect their rights and therefore, it is not proper to entertain a writ petition at the instance of members of co-operative societies on allegation that promotions are not being duly made while the co-operative society is proceeding to make appointments by direct recruitment. The fact that there cannot be such a litigation at the instance of third parties and such claims can be raised only by persons who would be really aggrieved by any violation of the rules is well established by the series of precedents laid down by the apex court. Even if I were to treat that the petitioners have sufficient right and interest in the society, being its members, to agitate a grievance referable to the appointments which are allegedly being made, they have recourse to different statutory authorities or at least to show the majority opinion by requiring the convening of General Body in terms of the Kerala Co- operative Societies Act and Rules. When such avenues are available, there is no reason why the extra-ordinary visitorial jurisdiction of this Court should be extended to take care of the situation attempted to be pointed out by the petitioners. WPC.22143/08 Page numbers In the result, the writ petition fails. The same is accordingly dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.23/7.