IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 37180 of 2008(A) --------------------------------------- PETITIONER: ------------------- UNNIKRISHNAN UNNITHAN, S/O. BALAKRISHNAN UNNITHAN, SARADA MANDIRAM , P.O. PANAVALLY, CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SRI.P.V.BABY, SRI.R.KIRAN. RESPONDENTS: ------------------------ 1. THE PANAVALLY SERVICE CO-OPERATIVE BANK LTD., NO. 901, P.O. PANAVALLY, ALAPPUZHA DISTRICT, REP. BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),, ALAPPUZHA. 3. STATE OF KERALA, REP. BY ITS SECRETARY TO CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R2 & R3 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.37180 of 2008-A = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 6th day of January, 2009. JUDGMENT Exhibit P4 is a decision given by the Joint Registrar on a request for rescission of a resolution under Rule 176 of the KCS Rules. That is an appealable order. On the face of the effective alternate remedy available, I do not deem it appropriate for this Court to entertain a writ petition against that order. Having taken recourse to proceedings before the Registrar under Rule 176 and after having got an order of remand as Ext.P3 from this Court, I do not deem it appropriate for this Court to now relegate the petitioner to take recourse to arbitration under Section 69 of the KCS Act vacating Ext.P4. The writ petition closed without prejudice. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090109