IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 29116 of 2004(N) ------------------------------------ PETITIONERS: ------------------- 1. THE TRIVANDRUM DISTRICT RETAIL RATION DEALERS CO-OPERATIVE SOCIETY LTD.NO.T.740, DESHABHIMANI ROAD, TRIVANDRUM, REP. BY ITS SECRETARY. 2. THE PRESIDENT, TRIVANDRUM DISTRICT, RETAIL RATION DEALERS CO-OPERATIVE SOCIETY LTD., NO.T.740, TRIVANDRUM. BY ADV. RESPONDENTS: ----------------------- 1. THE KERALA STATE CO-OPERATIVE TRIBUNAL, TRIVANDRUM. 2. THE DEPUTY REGISTRAR (ADMN), OFFICE OF THE JOINT REGISTRAR OF CO-OEPRATIVE SOCIETIES, GENERAL, TRIVANDRUM. 3. R.NATESAN, NATESH BAHVAN, CHALMUKKU, CHAKALAMUKKU, SREEKARIYAM, TRIVANDRUM. 4. C.SURENDRAN, TC/12/559(4) KAMALAKSHI MANDIRAM, MULAVANA JUNCTION, KUNNUKUZHI, TRIVANDRUM 37. R2 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN R3 BY ADV. SRI.RAJEEV V.KURUP R4 BY SMT.A.P.LALY @ LALY VINCENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).29116/2004-N APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN ARC NO.34 OF 2000 DATED 04/05/2000. EXT.P2: COPY OF THE WRITTEN STATEMENT IN A.R.C. 34 OF 2000 DATED 22/11/2000. EXT.P3: COPY OF THE AWARD IN ARC NO.34/2000 DATED 17/01/2003. EXT.P4: COPY OF THE JUDGMENT IN A.P.18 OF 2003 21/06/2004 OF THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.29116 of 2004-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT Petitioners, a co-operative society and its President, challenge Ext.P4 decision of the Kerala Co-operative Tribunal setting aside Ext.P3 order of the Arbitrator holding that Ext.P1 plaint does not disclose a dispute between the plaintiff and the society. The plaintiff, who is 4th respondent herein, filed Ext.P1 suit alleging that he actively canvassed for funds to support the activities of the society and collected an amount of Rs.10 lacs from different persons offering them interest at 24% and all such amounts have been credited to the account of the society in the names of the persons who paid the amounts. Obviously, therefore, the debtor- creditor relationships, if at all, are only between the society and those individuals, who WP(C)29116/2004 -: 2 :- are shown as creditors, going by the books of accounts of the society. It was, therefore, that Ext.P3 order was issued by the Arbitrator holding that there is no dispute that could be decided under Section 69 of the Kerala Co- operative Societies Act as between the plaintiff and the defendants in that arbitration proceedings. The impugned order of the Tribunal reversing that decision is essentially illegal because, the definition of the term "dispute" on the sweep of Section 69(1) read with sub-section (2) of Section 69 of the KCS Act does not bring any status to the plaintiff (4th respondent herein) which would entitle him to claim to be a creditor of the society to sustain the dispute. Merely because the plaintiff is a member of the society or a past member of the society, such status is insufficient for determination of a dispute as raised in Ext.P1 plaint because, the right to sue and the resultant cause of action are essentially ingredients to sustain a dispute within the parameters of Section 69 of the KCS Act. The writ petition hence succeeds. WP(C)29116/2004 -: 3 :- In the result, this writ petition is allowed quashing Ext.P4. No costs. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/160708