IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 25136 of 2007(P) --------------------------------------- PETITIONERS: --------------------- 1. KUNHABDULLA N.K., NADUKKANDIYIL HOUSE, ADUKKATH P.O., KOZHIKODE DISTRICT. 2. SANTHOSH A.N., VATTAKANDI HOUSE, MARUTHOMKARA P.O., KOZHIKODE DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR, ADV. SMT.PRIYA VIJAYAN. RESPONDENTS: ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 2. THE ADMINISTRATOR, MARUTHOMKARA PANCHAYAT SERVICE CO-OPERATIVE BANK LIMITED, ADUKKATH P.O., KOZHIKODE DISTRICT. 3. MARUTHOMKARA PANCHAYAT SERVICE CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS SECRETARY, ADUKKATH P.O., KOZHIKODE DISTRICT. W.P.(C). NO.25136/2007-P: *ADDL.R4. N.P. RAGHAVAN, `AISWARYA', MOILOTHARA.P.O., KOZHIKODE DISTRICT. *IMPLEADED AS PER ORDER DTD. 20/08/07 IN I.A. NO. 11455/07. BY SPL. GOVT. PLEADER SMT. A.G. ANEETHA, ADV. SRI.K.N.CHANDRABABU, SRI.MOHAMMED SALIH. M, SRI.M.SASINDRAN, SRI.P.RAVINDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008, ALONG WITH W.P.(C).NOS. 25614/ 2007 & 25599/2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25136/2007-P: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE ORDER NO. Q/5592/07 DTD. 13/08/2007 ISSUED BY THE R.1. EXT.P.2: COPY OF THE REPRESENTATION DTD. 14/08/2007 SUBMITTED BY THE PETITIONERS BEFORE THE R.1. EXT.P.3: COPY OF THE REPRESENTATION DTD. 14/08/2007 SUBMITTED BY THE PETITIONERS BEFORE THE R.2. EXT.P.4: COPY OF THE ATTESTED MINUTES OF THE MEETING OF THE R3 BANK DTD. 05/07/2007 ISSUED BY THE SECRETARY. RESPONDENT'S EXHIBITS: EXT.R2.A: COPY OF THE RESOLUTION DTD. 09/03/2007. EXT.R2.B: COPY OF THE RESOLUTION DTD. 25/03/2007. EXT.R2.C: COPY OF THE RESOLUTION DTD. 05/07/2007. EXT.R4.A: COPY OF THE RESOLUTION DTD. 09/03/2007 OF THE COMMITTEE OF THE SOCIETY. EXT.R4.B: COPY OF THE RESOLUTION DTD. 25/03/2007 OF THE GENERAL BODY OF THE SOCIETY. //TRUE COPY// prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).Nos.25136, 25599 & 25614 OF 2007 ------------------------------------------- Dated this the 14th day of January, 2008 JUDGMENT These writ petitions are filed alleging unauthorised inclusion of certain persons as members of the first respondent society by taking the stand that the ex-president of the society, after he lost the support of the other members of the committee, had merely drawn up a minutes granting membership, however, without issuing any membership. This is an issue where the question as to whether certain persons are or are not members of the society are to be considered. Such issue between members necessarily fall within the purview of arbitration under the Kerala Co-operative Societies Act, 1969. In the aforesaid circumstances, this writ petition is disposed of relegating the parties to the appropriate forum under the Statute. The writ petition is closed without prejudice and leaving open all other contentions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.