IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 34119 of 2007(J) -------------------------- PETITIONER(S): --------------- KAMALAKSHY, GED 48, W/O.ANTONY MANDHANATH, PALLIPARAMBUKAVU TRIPUNITHURA. BY ADV. SMT.M.A.BINDU SRI.L.P.ARAVINDAKSHAN RESPONDENT(S): --------------- 1. TRIPUNITHURA KSHEERA VYAVASAYA SAHAKARANA SANGHAM,NO.19, OLD BUS STAND TRIPUNITHURA,REPRESENTED BYB SECRETARY. 2. THE SECRETARY TRIPUNITHURA KSHEERA VYAVASAYA SAHAKARANA SANGHAM, NO.19, OLD BUS STAND TRIPUNITHURA, 3. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DAIRY DEVELOPMENT DEPARTMENT ADV. SRI.T.A.RAJAN FOR R1,2 SRI.C.K.JAYAKUMAR FOR R1,2 G.P. SHRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.34119 of 2007 ================== Dated this the 23rd day of September, 2009 J U D G M E N T The petitioner is a full time cleaner-cum-sweeper in the 1st respondent society for the last 18 years. She was originally appointed as a temporary full time casual labourer. Despite her repeated representations for regularising her services, she has not been so regularised. According to the petitioner, instead of considering her representations, the 2nd respondent is threatening to dismiss her from service. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs; “i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondent to regularise the petitioner in the 1st respondent society as full-time cleaner-cum-sweeper as on the date of her joining in November 1989; ii) To direct the respondents to grant all the service benefits to which the petitioner is entitled as and when the petitioner is regularized.” It is settled law that a writ petition under Article 226 of the Constitution of India against a society would be maintainable only if the writ petition is to enforce compliance by the society with any provisions of the Kerala Co-operative Societies Act or Rues. The petitioner is not seeking any such relief. Therefore, the remedy of the petitioner lies in filing an arbitration case under Section 69 of the Kerala Co-operative Societies Act. In that view, without prejudice to that right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2