IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WA.No. 517 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.34654/2007 Dated 15/10/2008 .................... APPELLANT(S): -------------- K.PADMAJA, JUNIOR CLERK, NAGALASSERY SERVICE COOPERATIVE BANK LTD. NO.P.541, KOOTTANAD P.O., PALAKKAD. BY ADV. SRI.P.C.SASIDHARAN RESPONDENT(S): --------------- 1.THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), O/O.JOINT REGISTRAR, PALAKKAD. 2.THE COOPERATIVE SERVICE EXAMINATION BOARD, REP. BY THE SECRETARY, TRIVANDRUM. 3.THE NAGALASSERY SERVICE COOPERATIVE BANK LTD. NO.P.541, KOOTTANAD P.O.,, PALAKKAD, REP. BY ITS SECRETARY. 4.THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES, OTTAPPALAM, PALAKKAD. 5.V.P.HAIDRU, PRESIDENT, THE NAGLASSERY SERVICE COOPERATIVE BANK LTD., NO.P.541, KOOTTANAD P.O. PALAKKAD. 6.KRISHNA KUMAR N., KRISHNA VIHAR, ERIKKAPPATTIL MANGAR HOUSE, MEZHATHOOR P.O., THRITHALA, PALAKKAD DIST.- 679 534. GOVT.PLEADER SMT.A.G.ANEETHA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.517 of 2009 ---------------------------------------------- Dated 11th March, 2009. J U D G M E N T Kurian Joseph, J. Petitioner is the appellant. She is aggrieved since she is not considered for promotion to the post of Assistant Secretary under the third respondent. Learned counsel appearing for the Bank submits that the selection has already been made and the additional 6th respondent has taken charge as the Assistant Secretary. Be that as it may, we feel that it may not be proper for this court at the first instance to deal with the appointments, promotions etc. in a cooperative society, particularly since an effective forum has been constituted under Section 70A of the Kerala Cooperative Societies Act, 1969. In that view of the matter, we set aside the judgment of the learned Single Judge and dismiss the writ petition without prejudice to the liberty to the writ petitioner to invoke his remedy before the Cooperative Arbitration Court. Needless to say that all the contentions are left WA NO.517/09 2 open. The Writ Appeal is disposed of as above. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. No.517 of 2009 ---------------------------------------------- J U D G M E N T Dated 11th March, 2009.