IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 WP(C).No. 10618 of 2007(L) -------------------------- PETITIONER(S): --------------- VILAPPIL SERVICE CO-OPERATIVE BANK LTD., NO.2522,VILAPPIL SALA BRANCH,TRIVANDRUM, REPRESENTED BY ITS BRANCH MANAGER,RICHARDSON.S,. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C FORT,TRIVANDRUM-23. 2. P.SARASWATHI, SWEEPER GRADE-1, DISTRICT TRANSPORT OFFICE,TRUVANDRUM CITY, TRIVANDRUM-23. 3. C.GIRIJA KUMARI, SWEEPER GRADE-1, DISTRICT TRANSPORT OFFICE,TRUVANDRUM CITY, TRIVANDRUM-23. BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) NO.10618 OF 2007 EXT.P1 TRUE COPY OF THE SALARY CERTIFICATE OF THE SECOND RESPONDENT ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER BANK DATED 9.8.2000 EXT.P2 TRUE COPY OF THE SALARY CERTIFICATE OF THE THIRD RESPONDENT ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER BANK DATED 9.8.2000 EXT.P3 TRUE COPY OF THE REQUISITION LETTER ISSUED BY THE PETITIONER TO THE THE FIRST RESPONDENT DATED 6.9.2000. //TRUE COPY// P.A. TO JUDGE. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 10618 of 2007 ------------------------------- Dated this the 7th day of June, 2011 J U D G M E N T The petitioner, a co-operative society, has filed this writ petition mainly seeking a direction to the District Transport Officer, Trivandrum to deduct the monthly repayment instalments from the salary of respondents 2 and 3 and to pay them over to the petitioner society. Such a relief is sought against respondents 2 and 3 in their capacity as sureties to a loan availed by Smt.C.Mini who is not a party to the instant writ petition. A Division Bench of this Court has in Chengamanad Service Co.op. Bank Ltd. v. Mohanan (2009 (3) KLT 623) held that a co-operative society cannot invoke the writ jurisdiction of this Court for an order directing Controlling Officers to take steps against sureties for the purpose of effecting recovery of loans advanced by it. It was held that the remedy of the society is to invoke section 69 of the Kerala Co-operative Societies Act or to prosecute the Controlling Officers with the sanction of the Registrar in terms of sub-section (5) of section 94 and section 95 of the Kerala Co- operative Societies Act. In such circumstances, the reliefs prayed for by the petitioner cannot be granted. The writ petition fails and it is accordingly dismissed without prejudice to the right of the petitioner society to file an arbitration case in terms of section 69 of the Kerala W.P.(C) No.10618 of 2007 2 Co-operative Societies Act or to proceed against the Controlling Officers in terms of sub-section (5) of section 94 and section 95 of the Kerala Co-operative Societies Act. P.N. RAVINDRAN, JUDGE. nj.