IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 20004 of 2011(A) --------------------------------------- PETITIONER(S): ------------------------ RAJAN.N., AGED 56 YEARS, S/O. LATE KUNJURAMAN, 'RAJAPUSHPA', THERUR, EDAYANNUR.P.O., KANNUR-670 595. BY ADV. SRI.SHAJI P.CHALY SMT.K.JASMIN BABY SRI.R.SANJITH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF CO-OPERATION, SECRETARIAT THIRUVANANTHAPURAM-695 001. 2. KEEZHALLUR SERVICE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS SECRETARY, HEAD OFFICE, ELAMPARA.P.O., KANNUR-670 595. 3. THE CHAIRMAN, ADMINISTRATIVE COMMITTEE, KEEZHALLUR SERVICE CO-OPERATIVE BANK LIMITED, HEAD OFFICE, ELAMPARA.P.O., KANNUR-670 595. 4. JOINT REGISTRAR(GENERAL), CO-OPERATIVE SOCIETIES, KANNUR.P.O., KANNUR-670 001 5. OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, KANNUR UNIT THEVAKKARA KANNUR-670001. R1, R4 & R5 BY SR GOVERNMENT PLEADER SRI.S.ABDUL SALAM R2 & R3 BY ADV. SRI.ANEESH JOSEPH SRI.M.RAMESH CHANDER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.20004/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 15/07/2011 P2 COPY OF THE MEMO DATED 28/06/2011 ISSUED BY THE 3RD RESPONDENT. P3 COPY OF THE REMINDER MEMO DATED 06/07/2011 ISSUED BY THE 3RD RESPONDENT. P4 COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATED 08/07/2011 RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.20004 of 2011 ------------------------------- Dated this the 22nd day of July, 2011 J U D G M E N T The petitioner, an employee of the second respondent co- operative society, has filed this writ petition challenging Ext.P1 order passed by the Chairman of the Administrative Committee of the said society, placing him under suspension. The Board of Directors of the second respondent society was superceded and an Administrative Committee is presently in management. The main contention raised by the petitioner is that the Chairman of the Administrative Committee has no jurisdiction to place him under suspension. 2. As stated above, the petitioner is an employee of a co- operative society. A Full Bench of this Court has in P.Bhaskaran & Others v. Addl. Secretary & Others (1987 (2) KLT 903 (FB), held that no writ will lie against a co-operative society governed by the provisions of the Kerala Co-operative Societies Act, 1969. Though in view of the later decisions of the Apex Court, a writ of mandamus will lie even against a co-operative society where the relief sought is to compel the society to discharge a public duty or a statutory duty, a writ of certiorari will certainly not lie against an order passed by a co- operative society or its officers. That apart, under section 69 of the W.P.(C) No.20004 of 2011 2 Kerala Co-operative Societies Act, 1969, the petitioner has got a meaningful and effective alternative remedy before the Co-operative Arbitration Court. Sub-section (2) of section 70 of the Act empowers the Co-operative Arbitration Court to pass interim orders pending resolution of the dispute. From the decision of the Co-operative Arbitration Court, an appeal lies to the Kerala Co-operative Tribunal. The petitioner has thus an adequate and meaningful alternate remedy. Such being the situation, I am of the opinion that the petitioner should exhaust the alternate remedy available to him under law. I therefore decline jurisdiction and dismiss the writ petition reserving liberty with the petitioner to challenge the impugned order in other appropriate proceedings. His contentions are kept open. P.N. RAVINDRAN, JUDGE. nj.