IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH AUGUST 2010 / 26TH SRAVANA 1932 WP(C).No. 14320 of 2010(L) -------------------------- PETITIONER(S): --------------- ANEESH KUMAR, AGED 34 YEARS, S/O.PICHAPPAN, ANJUTHAIKKAL VEEDU, EDAVANAKKADU.P.O, ERNAKULAM DISTRICT. BY ADV. SRI.GEO PAUL SRI.SANU MATHEW SRI.C.R.PRAMOD SRI.NOEL JOSEPH SRI.M.B.SANDEEP SRI.K.V.REJANISH SRI.S.ASHOK KUMAR. RESPONDENT(S): --------------- 1. EDAVANAKADU-AYYAMPILLY FISHERMEN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD. NO.F (E) 7/87/CZ, AYYAMPILLY.P.O-682501, ERNAKULAM, REPRESENTED BY ITS SECRETARY. 2. DISTRICT MANAGER, MATSYAFED, ERNAKULAM DISTRICT OFFICE, THOPPUMPADY, COCHIN-5. 3. ASSISTANT DIRECTOR OF FISHERIES, FISHERIES STATION, VYPEEN, ERNAKULAM. 4. DEPUTY DIRECTOR OF FISHERIES, ERNAKULAM ZONE. ADV. SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED FOR R2 SRI.M.M.MONAYE FOR R1 SRI.M.PAUL VARGHESE FOR R1 GOVT. PLEADER SRI. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 14320 of 2010 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th day of August, 2010. J U D G M E N T Petitioner is a fisherman and a group leader of inboard fishing craft “Parthasarathy”. That vessel is mortgaged to the 1st respondent for loan granted by the 1st respondent. The original group leader abandoned his leadership and the petitioner took over the leadership with permission from the 1st respondent. On the strength of the mortgage of the vessel, further amounts were sanctioned as loan to the petitioner. Repayment fell in arrears. The respondents initiated proceedings for recovery of the amount by sale of the vessel. It is under the above circumstances the petitioner has filed this writ petition challenging Ext. P8 demand notice issued for the purpose. 2. The 1st respondent has filed a counter affidavit, wherein one of the contentions taken is that the 1st respondent being a co-operative society, in respect of recovery of loan amounts given by the society, a petition under Section 69 of the Kerala Co-operative Societies Act would lie and therefore the petitioner should more appropriately be relegated to that remedy. The 1st respondent would also contend that insofar as questions of facts which have to be ascertained on evidence are involved, the petitioner should seek his remedy under Section 69 of the Kerala Co-operative Societies Act. Having heard both sides, I find considerable merit in the preliminary contention raised by the 1st respondent. Accordingly, this writ petition is disposed of with the following directions. The petitioner may, if so advised, seek remedies under Section 69 of the Kerala Co-operative Societies Act. To enable the petitioner to file a petition under Section 69 and seek interim orders, I direct W.P.C. No. 14320/2010. -: 2 :- that further proceedings for coercive recovery of the amounts due from the petitioner shall be kept in abeyance for a period one month, on condition that the petitioner pays Rs. 25,000/- within two weeks. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.