IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 13TH DECEMBER 2010 / 22ND AGRAHAYANA 1932 WP(C).No. 30379 of 2010(V) -------------------------- PETITIONER(S): ----------------------- 1. BALAKRISHNA PILLAI, S/O. NARAYANA PILLAI MULLASSERY HOUSE, PANAYIKULAM, NORTH PARAVUR. 2. SARADA, W/O.BALAKRISHNA PILLAI, MULLASSERY HOUSE, PANAYIKULAM, NORTH PARAVUR. 3. SASIKUMAR, S/O.BALAKRISHNA PILLAI, MULLASSERY HOUSE, PANAYIKULAM, NORTH PARAVUR. 4. KRISHNAKUMAR, S/O.BALAKRISHNA PILLAI, MULLASSERY HOUSE, PANAYIKULAM, NORTH PARAVUR. BY ADV. SRI. LIJU. M.P RESPONDENT : ---------------------- THE KONGORPILLY FARMERS SERVICE CO-OPERATIVE B BANK LTD. NO. 3847, KONGORPILLY, NORTH PARAVUR, 683 517, REPRESENTED BY MANAGING DIRECTOR. BY ADV. SRI. S.B. PREMACHANDRA PRABHU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 30379 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2010 J U D G M E N T The petitioners have availed loan from the respondent. This writ petition has been filed mainly with the following prayers:- i. Issue a writ of mandamus, or any other appropriate writ or order or direction, directing the respondent to allow the petitioners to clear the loan dues and reconvey/release the property comprised in Sy.No.330/12 and 331/2 of Alangad Village till that date. Evidently, the petitioner is seeking issuance of a writ of mandamus against the respondent which is a society registered under the provisions of the Kerala Co-operative Societies Act. The petitioner did not have a case that in respect of the subject matter involved in this case the respondent is having a statutory public duty to perform in the absence of such a contention, I am of the view that this writ petition is not maintainable in the light of a Full Bench decision reported in P.Bhaskaran v. Additional Secretary and others(1987(2)KLT 903). The petitioners cannot, as a WPC.30379/2010 : 2 : matter of right, seek for issuance of a writ of mandamus against the respondent to allow them time to suit against the respondent to his convenience in the matter of discharge of a liability arising out of a loan transaction.That apart, the learned standing counsel appearing for the respondent submitted that the petitioner has already filed OP(C) No.782/2010 before this Court with a prayer for a direction to the respondent. Therefore, on the same subject matter the petitioner cannot maintain this writ petition. In view of the aforesaid reasons, I am of the view that this writ petition is not maintainable and accordingly it is dismissed. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge