IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 2304 of 2011(K) ------------------------- PETITIONER: ------------------- LAJEESH.S,S/O.G.SUKUMARA PILLAI, KANIYATTUPARA HOUSE, MANIMALA PO, KOTHALAPPADY (VIA), KOTTAYAM DISTRICT,PIN 686 543. WORKING AS ATTENDER,VELLAVOOR CENTRAL SERVICE CO-OP.BANK LTD.NO.3435,THAZHATHUVADAKARA PO, KANGAZHA(VIA), KOTTAYAM DISTRICT. BY ADV. SRI.SUNIL CYRIAC RESPONDENT(S): ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOTTAYAM. 2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),CHANGANASSERY, KOTTAYAM DISTRICT. 3. THE PRESIDENT, VELLAVOOR CENTRAL SERVICE CO-OPERATIVE BANK LTD.NO.3435,THAZHATHUVADAKARA PO, KANGAZHA(VIA),KOTTAYAM DISTRICT,PIN 686 541. 4. THE VELLAVOOR CENTRAL SERVICE CO-OPERATIVE BANK LTD.NO.3435,THAZHATHUVADAKARA PO, KANGAZHA(VIA),KOTTAYAM DISTRICT,PIN 686 541, REP.BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI.M.A.ASHIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No.2304 OF 2011 --------------------------------------------- Dated this the 21st day of January, 2011 J U D G M E N T Ext.P3 order passed by the Joint Registrar of Co-operative Societies (General), Kottayam directing respondents 3 and 4 to terminate the service of the petitioner is under challenge in this writ petition. By that order, the Joint Registrar of Co-operative Societies held that the appointment of the petitioner as Attender in the 4th respondent bank is not in order for the reason that the post of Attender against which he was appointed, is not a sanctioned post. Under section 83(1) (j) of the Kerala Co- operative Societies Act 1969, an appeal lies to the Government from orders passed by any person exercising the powers of the Registrar. Ext.P3 is thus an appealable order. The period of limitation prescribed for filing the appeal is 60 days from the date of the order. Ext.P3 order was passed on 29.12.2010. The period of 60 days prescribed for filing the appeal has not expired. In such circumstances, I am of the opinion that the petitioner should invoke the alternative remedy available to him W.P.(C)No.2304 OF 2011 2 before seeking the intervention of this Court. Further, under section 101 of the Kerala Co-operative Societies Act 1969, the Government have the power to exempt the 4th respondent bank from provisions of the Act. The Government can therefore, if the petitioner makes out a case exercise that power also. In such circumstances, it has to be necessarily held that the alternative remedy is meaningful and effective. I, therefore find no grounds to entertain this writ petition. It is accordingly dismissed without prejudice to the right of the petitioner to challenge Ext.P3 in appeal before the Government. In order to enable the petitioner to move the Government and seek appropriate interim orders, the respondents shall keep the operation of Ext.P3 order in abeyance for a period of one week from today. P.N.RAVINDRAN, JUDGE dmb