IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WA.No. 749 of 2009() ---------------------- (AGAINST THE JUDGMENT IN W.P.(C) NO.5557/2009 DT.11.03.2009) ------------------- APPELLANT/PETITIONER ------------------------ ABDUL NAZAR, S/O.PANADAN ABDUL KHADIR HAJI, PANADAN, NO.3009, COCHIN UNIVERSITY P.O., KALAMASSERY. BY ADV. SRI.O.D.SIVADAS RESPONDENTS/RESPONDENTS: --------------- 1. THE JOINT REGISTRAR OF CO-OP. SOCIETIES, (G) ERNAKULAM. 2. THE KALAMASSERY SERVICE CO-OP. BANK LTD. NO.3046, KALAMASSERY, REP. BY ITS SECRETARY. 3. THE PRESIDENT, KALAMASSERY SERVICE CO-OP. BANK LTD. NO.3046, KALAMASSERY, REP. BY ITS SECRETARY. 4. THE CO-OP. EXAMINATION BOARD, THIRUVANANTHAPURAM, REP. BY ITS CHAIRMAN. 5. RUXANA BAI S., 16/280, KAZHATHU MUTTU, KOCHI, ERNAKULAM, PIN-682 005. 6. DON DAVIS, PADUVAN, KARUKUTTY, ERNAKULAM, PIN-683 576. ADV. SRI.P.U.SHAILAJAN,SC,CO-OP.SERVICE EXAM FOR R4 GOVT.PLEADER, SMT.R.BINDU FOR R1. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L.JOSEPH FRANCIS, JJ. -------------------------------- W.A. No.749 OF 2009 -------------------------------- Dated this the 27th day of March, 2009 J U D G M E N T ~~~~~~~~~~~ Balakrishnan Nair, J. The appellant is a member of the 2nd respondent Co- operative Bank. It took steps for directly recruiting a Secretary for it. In the above background, the writ petition was filed seeking a writ of mandamus to respondents 1 and 2 to fill up the vacancy of the Secretary by promotion as provided under Rule 185 of the Kerala Co-operative Societies Rules. Other incidental reliefs were also sought. The learned Single Judge dismissed the writ petition holding that if anybody is denied promotion, the persons in the feeder category will workout their remedy against it. The appellant being a member cannot be permitted to espouse their case. It was also held that the petitioner can move the General Body for appropriate reliefs. 2. We notice that the appointment of a fresh hand with superior qualifications is in the interest of the Co-operative W.A.No.749/2009 2 Bank. Normally, the employees in the feeder category will resist it and seek promotion. In this case, no one has come forward asserting his claim for promotion. But, the appellant has come forward raising a contention, which is available only to the employees of the Bank. So, we feel that the appellant is a meddlesome interloper. Further, as soon as the Bank took steps to make appointment, without invoking the statutory remedies available to him, he has straightaway approached this Court. The writ petition should have been dismissed in limine without hearing any of the contentions of the appellant. Anyway, the writ petition has been dismissed. We find no reason to interfere with the same. Accordingly, the appeal is dismissed. (K.BALAKRISHNAN NAIR, JUDGE) (M.L.JOSEPH FRANCIS, JUDGE) ps