IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 26TH NOVEMBER 2009 / 5TH AGRAHAYANA 1931 WP(C).No. 34126 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. KUTTICHAN, S/O.THOMAS, KAITHAKULATH, PUZHITHODE, P.O.PERUVANNAMUZHI, KOZHIKODE DISTRICT 2. THOMAS, S/O.MATHAI, KAITHAKULATH, PUZHITHODE, P.O.PERUVANNAMUZHI, KOZHIKODE DISTRICT BY ADV. SRI.SANTHARAM.P RESPONDENT(S): --------------- 1. KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.D.2020, P.O.BALUSSERI, REPRESENTED BY THE SECRETARY. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE. 3. SPECIAL SALE OFFICER, KOYILANDY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD., NO.D.2020, P.O.BALUSSERI. 4. JOINT REGISTRAR (GENERAL), SAHAKARANA BHAVAN, KOZHIKODE. GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 34126 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 26th November, 2009. J U D G M E N T The petitioners are aggrieved by the proceedings for sale of properties mortgaged for recovery of loan amounts due from the petitioners to the 1st respondent-Bank. The petitioner disputes the quantum of amounts demanded. If the petitioners have any dispute regarding the quantum, the remedy of the petitioners lies in filing a petition under Section 69 of the Kerala Co-operative Societies Act before the arbitrator. No writ petition would lie under Article 226 of the Constitution of India for deciding the disputed questions relating to the quantum of the amounts due from the petitioners. Therefore, without prejudice to the right of the petitioners to resort to remedy provided under Section 69 of the Act, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/ [True copy] P.S to Judge.