IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 22ND DECEMBER 2010 / 1ST POUSHA 1932 WP(C).No. 37787 of 2010(W) ----------------------------------------- PETITIONER(S): ------------------------ DAMODARAN.V., AGED 56 YEARS, S/O.VELAYUDHAN, CHERUVATHITHARAYIL, RAMAPURAM MURI, KEERIKKAD VILLAGE P.O., ALAPPUZHA DISTRICT, PIN-690 508. BY ADV. SRI.B.RENJITHKUMAR RESPONDENT(S): ---------------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA - 690 608. 2. THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., REP.BY ITS GENERAL MANAGER, ALAPPUZHA - 690 608. 3. THE BRANCH MANAGER, THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., RAMAPURAM BRANCH, KEERIKKAD P.O., ALAPPUZHA DISTRICT, PIN 690 608. R1 BY GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R2 & R3 BYADV. SRI. P.K.VIJAYA MOHANAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.37787 of 2010 ------------------------------------------- Dated this the 22nd day of December, 2010 J U D G M E N T ---------------------- Grievance of the petitioner is that the 2nd respondent, who is a Co-operative Bank, had refused to accept Ext.P3 representation submitted by the petitioner seeking installment facility with respect to repayment of a loan availed by the petitioner from the said bank. The issue comes purely within the realm of a loan transaction between the petitioner and the 2nd respondent Bank, which is arising out of a contractual obligation. Ext.P3 representation is not a statutory request made before any authority, who comes within the purview of Article 12 of the Constitution of India, seeking enforcement of any right available under any particular statute. 2. Therefore, I am of the view that the prayer made in this writ petition is highly misconceived and that a writ petition is not at all maintainable. It is left open to the petitioner to redress his grievance before the appropriate authority either under the common law or under the provisions of the Co-operative Societies Act. W.P.(C).37787/10 -2- 3. Therefore the writ petition is dismissed, without prejudice to rights of the petitioner to approach the appropriate authority as observed above. C.K.ABDUL REHIM, JUDGE. okb