IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 16TH FEBRUARY 2011 / 27TH MAGHA 1932 WP(C).No. 4831 of 2011(D) ------------------------- PETITIONER(S): --------------- K.S.POULOSE, ASSISTANT SECRETARY AYROOR SERVICE CO-OPERATIVE BANK LTD NO.2237 (VIA) KURUMASSERY, AYROOR – 683 579. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------- 1. THE AYROOR SERVICE CO-OPERATIVE BANK LTD. NO.2237 (VIA) KURUMASSERY, AYROOR P.O., NORTH PARUR , ERNAKULAM PIN – 683 579. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) NORTH PARUR, ERNAKULAM PIN – 683 579. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) ERNAKULAM, COCHIN – 16. BY GOVT. PLEADER SMT.R.BINDU. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.4831 of 2011 ------------------------------- Dated this the 16th day of February, 2011 J U D G M E N T Ext.P1 order passed by the Joint Registrar of Co-operative Societies (General), Ernakulam, rejecting a request made by the first respondent bank to exempt the petitioner herein from the academic qualification prescribed for appointment as Assistant Secretary of the Bank is under challenge in this writ petition. Ext.P1 order was passed on 14.1.2011. As per section 83(1)(j) of the Kerala Co-operative Societies Act, an appeal lies to the Government from any order passed by any person exercising the powers of the Registrar. The period of limitation prescribed for filing such an appeal is 60 days from the date of the decision or order appealed against. In the instant case, Ext.P1 order was passed on 14.1.2011. The period of limitation has therefore not expired. In such circumstances, as the petitioner has got an effective and meaningful alternate remedy, I am of the opinion that the petitioner should invoke the said remedy instead of seeking the intervention of this Court. I accordingly dismiss the writ petition leaving open the petitioner's contentions and reserving liberty with him to move the Government in appeal. In the event of the petitioner filing an appeal along with an application for stay before the W.P.(C) No.4831 of 2011 2 Government, the Government shall consider the stay petition and pass orders thereon within one week from the date on which an appeal in terms of section 83(1)(j) of the Kerala Co-operative Societies Act is presented before the Government. P.N. RAVINDRAN, JUDGE. nj.