IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 28342 of 2010(P) ------------------------------------ PETITIONER(S): --------------------- MATHEW GEORGE, 50 YEARS, VALLIALIL HOUSE, KURIYANNOOR P.O. THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.N.N.SASI RESPONDENT(S): ------------------------ 1. D.VENUGOPALAN, 54 YEARS, FEILD OFFICER/ FERTILIZER OFFICER, THE KERALA STATE CO-OP RUBBER MARKETING FED.LTD., P.B.NO. 15, GANDI NAGAR, KOCHI- 682 020. 2. THE MANAGING DIRECTOR, THE KERALA STATE CO-OP RUBBER MARKETING FEDERATION LTD., P.B.NO.15 GANDHI NAGAR, KOCHI- 682 020. 3. THE REGISTRAR, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETY, TRIVANDRUM. BY ADVS.SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.S.A.ANAND. R2 BY SRI.K.RAMAKUMAR, SENIOR ADVOCATE R2 BY ADVS. SRI.T.RAMPRASAD UNNI, SRI.J.R.PREM NAVAZ. R3 BY GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 28342 OF 2010 -------------------------- Dated this the 21st day of January, 2011 J U D G M E N T Ext.P8 order passed by the Registrar of Co-operative Societies, Thiruvananthapuram directing the second respondent to promote the first respondent as Fertilizer Officer in the place of the petitioner and Ext.P9 proceedings of the second respondent giving effect to that order are under challenge in this writ petition. In Ext.P8 order, the Registrar of Co-operative societies has taken the stand that the first respondent is senior to the petitioner in the category of Field Officer. The petitioner claims that he is senior to the first respondent in the category of Field Officer. The petitioner also contends that the Registrar of Co-operative Societies has no jurisdiction or authority to interfere with Ext.P5 order promoting him and if the first respondent was aggrieved by the same, he ought to have moved the Co-operative Arbitration Court seeking promotion as Fertilizer Officer. 2. It is not in dispute that pursuant to Ext.P8 order passed by the Registrar of Co-operative Societies, the second WPC No.28342/2010 2 respondent has issued Ext.P9 order cancelling the promotion given to the petitioner to the category of Fertilizer Officer and reverted him to the category of Junior Field Officer. If the petitioner is aggrieved by Ext.P9 order, his remedy lies in moving the Co-operative Arbitration Court. In such circumstances, I decline jurisdiction and dismiss the writ petition with the observation that if the petitioner is aggrieved by Exts.P8 and P9 orders, it will be open to him to challenge the same before the Co-operative Arbitration Court. The contentions of both sides in the merits are kept open. P.N.RAVINDRAN, (JUDGE) vps WPC No.28342/2010 3 WPC No.28342/2010 4