IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 WP(C).No. 7028 of 2007(J) ------------------------- PETITIONER: --------------- A.R.NAGAR SERVICE CO-OPERATIVE BANK LTD, A.R.NAGAR, MALAPPURAM DISTRICT, REP. BY ITS SECRETARY, V.K.HARIKUMAR. BY ADV. SRI.BABU S. NAIR RESPONDENTS: --------------- 1. THE DISTRICT LABOUR OFFICER, MALAPPURAM. 2. THE ASSISTANT LABOUR OFFICER, PONNANI, MALAPPURAM DISTRICT. 3. O.PRADEEP KUMAR, S/O O.VIJAYAKRISHNAN, U.D.CLERK, OFFICE OF THE ASSISTANT LABOUR OFFICER, PONNANI, MALAPPURAM DISTRICT. ADV. SRI.THOMAS ABRAHAM FOR R3 SRI.K.B.ARUNKUMAR FOR R3 SRI.DIPU.R FOR R3 SRI. P.M. MANOJ, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 7028/2007 :2: APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE REQUISITION SUBMITTED BY THE PETITIONER TO THE ASSISTANT TAX COMMISSIONER, TIRUR DATED NIL. EXT.P2: TRUE COPY OF THE REGISTERED LAWYER NOTICE DATED 14.12.2005 ISSUED TO THE SECOND RESPONDENT. EXT.P3: TRUE COPY OF THE PAY CERTIFICATE AND THE AGREEMENT FOR RECOVERY FROM PAY, ENTERED INTO BETWEEN THE SECOND RESPONDENT AND THE PETITIONER DATED 16.12.2000. RESPONDENTS' EXHIBITS: NIL //True Copy// P.A to Judge. rv P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 7028 OF 2007 -------------------------- Dated this the 10th 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 Assistant Labour Officer, Malappuram to recover the loan amount from the salary of the third respondent and to pay it over to the petitioner society. Such a relief is sought on the allegation that the second respondent has failed to recover and pay over the loan amount notwithstanding his objection under section 37 of the Kerala Co-operative Societies Act. 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 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 read with section 95 of the Kerala Co-operative Societies Act. In such circumstances, the reliefs prayed for by the petitioner cannot WPC No.7028/07 2 be granted. The writ petition fails and 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 Co-operative Societies Act or to proceed against the Controlling Officers in terms of sub-section (5) of section 94 read with section 95 of the Kerala Co-operative Societies Act. P.N.RAVINDRAN, (JUDGE) vps