IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 37464 of 2008(I) -------------------------- PETITIONER(S): --------------- V.KUMARA PILLAI, S/O.VELAYUDHAN PILLAI, MAYA BHAVAN, KALLAYAM P.O., PLAVILA, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.ANANDAKUTTAN SMT.M.HEMALATHA SRI.R.S.MADHU SRI.MAHESH ANANDAKUTTAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT , DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. SERVICE CO-OPERATIVE BANK LTD.NO.1412, PERURKADA, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. R1, R2 BY GOVT. PELADER SRI.K.C.SANTHOSH KUMAR R3 BY ADV. SRI.N.UNNIKRISHNAN,SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.37464 OF 2008 ------------------------------------------- Dated this the 23rd day of January, 2009 JUDGMENT This matter was not admitted when it was listed earlier. All that was done was an adjournment for the counsel for the third respondent to obtain instructions. The parties were before this Court earlier, at least on two rounds. On 1.1.2008, in O.P.No.22049/01, this Court issued Ext.P6 judgment, essentially relegating the parties to arbitration proceedings under Section 69 of the Kerala Co-operative Societies Act, 1969 and refusing to entertain a writ petition under Article 226 of the Constitution touching matters which are essentially commercial disputes relatable to certain fixed deposit transactions between the petitioner and a co-operative bank. In the third paragraph of Ext.P6, the petitioner was given an opportunity to place further materials before the bank to find out whether the matter could be amicably settled. It was only to notice the progress of that action that this case was posted for the learned counsel for the third respondent to state on WPC.37464/08 Page numbers instructions. The pleadings placed by way of counter affidavit and reply affidavit in this writ petition, even at this stage, categorically show that the disputes subsist and the parties have not resolved the matter amicably. Obviously therefore, as indicated in Ext.P6, the parties are to go for arbitration under Section 69. Leaving open the right of the petitioner to invoke alternate remedy under Section 69 of the Kerala Co- operative Societies Act, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.