IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 960 of 2008(L) ------------------------ PETITIONER: ------------ M/S. ENARC CONSULTANTS,ARCHITECTS AND ENGINEERS, M.G.ROAD, THRISSUR, REPRESENTED BY ITS MANAGING PARTNER K. RAMAKRISHNAN. BY ADV. SRI.K.M.SATHYANATHA MENON SMT.SMITHA S.PARAKKAL RESPONDENTS: ------------- 1. THE GENERAL MANAGER, THRISSUR DISTRICT CO-OPERATIVE BANK LTD KARUPPAM ROAD, THRISSUR. 2. THE REGISTRAR, KERALA STATE CO-OPERATIVE SOCIETIES PRESS CLUB ROAD, THIRUVANANTHAPURAM. BY ADV. SRI.V.G.ARUN,SC,THRISSUR DIST.CO-OP BAN FOR R1 SRI.T.R.HARIKUMAR,SC,THRISSUR DIST.CO.O FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.960 of 2008 ================== Dated this the 31st day of July, 2008 J U D G M E N T The petitioner claims to have done certain consultancy work on behalf of the 1st respondent, which is a Co-operative Bank. The petitioner has filed this writ petition seeking a direction to the 1st respondent to pay to the petitioner the consultancy charges due from the 1st respondent amounting to Rs.11,11,627/-. The learned counsel appearing for the 1st respondent disputes the liability to pay. The 1st respondent is the General Manager of a Co-operative Society registered under the Co-operative Societies Act. The relation between the parties is primarily contractual in nature. No public function of the 1st respondent is involved in this writ petition. Therefore, no writ petition under Article 226 of the Constitution of India would lie for enforcement of payment of the consultancy charges. The petitioner's remedy lies in filing either a suit or filing appropriate petition under Section 69 of the Kerala Co-operative Societies Act. Therefore, without prejudice to such right, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2