IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 24455 of 2009(B) -------------------------- PETITIONER(S): ------------------- 1. KADAKAMPALLI SUKU, S/O.SIVASANKARAN, AGED 62, VALSALA BHAVAN, T.C.79/1662, KARIKKAKOM,BEACH.P.O, THIRUVANANTHAPURAM 7. 2. RAJU LUKE, VIJI BHAVAN, T.C.47/1053, POONTHURA P,O. THIRUVANANTHAPURAM. 3. EDISON PERIERA, MATILDA COTTAGE, T.C.45/137, WATTS ROAD, CHERIATHURA, THIRUVANANTHAPURAM. BY ADV. SMT.M.HEMALATHA RESPONDENT(S): -------------------- 1. THE CENTRAL REGISTRAR, OFFICE OF THE CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES, KRISHI BHAVAN, NEW DELHI. 2. AD:PETER JOHN CULAS, T.C.17/1209(1), SASTHA NAGAR, THIRUMALA P.O, THIRUVANANTHAPURAM 6. 3. SONY LAWRENCE, 1ST FLOOR, TSV COMPLEX,S UBHASH CHANDRA BOSE ROAD, VYTTILA, KOCHI. 4. MUHAMMED FATHAHUDEEN.M.K. MAYAMKAKKADA HOUSE, KEECHERY, ANDROTT ISLAND, LAKSHADEWEEP. WPC 24455/09 -2- 5. XAVIER, AJANTHA HOUSE, PULLUVILA P.O, PULLUVILA, THIRUVANANTHAPURAM. 6. SIVADAS NARAYANAN, KOTTUPALLIL, KOVILAKATHUMKADAVU, VAIKOM, KOTTAYAM. 7. AUGUSTHY PUTHRAN, PRATHEEKSHA BEACH P.O, VALIATHURA, THIRUVANANTHAPURAM. 8. KINATHUKARA RAJAN, LEKSHMI NARAYANA, MELUR P.O, QUILANDY, PUTHIYAPPA P.O. SRI.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 24455 OF 2009 (B) ===================== Dated this the 25th day of August, 2009 J U D G M E N T Petitioners challenge the proposed election to the Board of Directors of the Indian Fishermen and Fisheries Workers Co- operative Society Limited, a Co-operative Society incorporated under Section 7 of the Multi State Co-operative Societies Act, 2002. According to the petitioners, the election which is now scheduled to be held on 30th of August, 2009 is illegal for the reason that the notification is illegal, the final voters list that is prepared is illegal and that the nominations accepted is also illegal. Based on these contentions, after making Ext.P8 representation to the 1st respondent, this writ petition is filed. 2. In my view, the issues raised by the petitioners require appreciation of disputed questions of facts, which can be resolved only in a regular dispute. Therefore, the remedy available to the petitioners is to raise a dispute under Section 84 of the Multi State Co-operative Societies Act, 2002. Therefore, leaving open the contentions and also the WPC 24455/09 :2 : remedies that are available to the petitioners under the Act referred to above, the writ petition is closed. ANTONY DOMINIC, JUDGE Rp