IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 6TH MARCH 2009 / 15TH PHALGUNA 1930 WP(C).No. 6643 of 2009(A) ------------------------- PETITIONER(S): --------------- ACHENKUNJU.P.S., PARUMALA THOTTATHIL HOUSE, MYLAPRA P.O., MYLAPRA VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.VARUGHESE M EASO RESPONDENT(S): --------------- 1. PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK, PATHANAMTHITTA, REPRESENTED BY ITS GENERAL MANAGER. 2. THE SPECIAL ARBITRATOR/SALE OFFICER, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK, PATHANAMTHITTA. 3. THE BRANCH MANAGER, PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK, PATHANAMTHITTA MAIN BRANCH, PATHANAMTHITTA. 4. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE REGISTRAR OFFICE, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY FOR CO-OPERATIVE SOCIETIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY ADV.SRI.T.P.PRADEEP R4, R5 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.6643 OF 2009 ------------------------------------------- Dated this the 6th day of March, 2009 JUDGMENT The petitioner is facing execution of Ext.P1 arbitration award under the Kerala Co-operative Societies Act, 1969. He seeks stay of proceedings on the ground that he is entitled to the benefit of certain circulars, including circular No.1/09 as modified by circular No.5/09, issued by the Registrar of Co- operative Societies. If those circulars apply to the transaction in question, it is a matter to be raised before the Sale Officer, before whom, execution proceedings are going on. The petitioner appears to have placed Ext.P6 before the Sale Officer. That would be treated as objection to the execution proceedings to the extent of the claim made therein. The second respondent will, therefore, consider Ext.P6 and issue a decision in accordance with law, stating reasons, since, such a decision would be amenable to appeal or revisional jurisdiction under the KCS Act. The execution proceedings will stand regulated thereby. Let this be done at the earliest, on production of a copy WPC.6643/09 Page numbers of this judgment, since the time limit for enforcement of the circular is till 20.3.2009. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.6/3.