IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 21007 of 2008(A) -------------------------- PETITIONER: ------------ P.K.KUMARAN, AGED 84 YEARS, S/O.KADUTHA, SOMASADANAM, PERUMBAIKKADU P.O., KOTTAYAM. BY ADV. DR.GEORGE ABRAHAM RESPONDENTS: ------------- 1. K.J.GEORGE @ JOY, S/O.JOSEPH, KUZHIYAN KALAYILIL, PERUMBAIKKADU P.O., KOTTAYAM. 2. K.P.JAYAKUMAR, S/O.PARAMESWARAN NAIR, ANJALI HOUSE, ETTUMANOOR P.O., KOTTAYAM. 3. LATHA NAIR, BRANCH MANAGER, KOTTAYAM DISTRICT CO-OPERATIVE BANK ETTUMANOOR BRANCH, ETTUMANOOR P.O. KOTTAYAM. 4. MANAGER, KOTTAYAM DISTRICT CO-OPERATIVE BANK, ETTUMANOOR BRANCH, ETTUMANOOR P.O., KOTTAYAM. 5. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, (ARBITRATOR CUM SPECIAL SALES OFFICER) KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., KOTTAYAM. 6. VALUATION OFFICER, KOTTAYAM DISTRICT CO-OPERATIVE BANK, ARPOOKARA BRANCH, KOTTAYAM. 7. THE STATION HOUSE OFFICER, GANDHI NAGAR POLICE STATION, KOTTAYAM. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD SRI.T.A.SHAJI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ============== W.P.(C).No. 21007 OF 2008 ==================== Dated this the 14th day of July, 2008. J U D G M E N T The petitioner raises two prayers in this writ petition. First is for a direction to the 7th respondent to complete the investigation pursuant to Ext.P4 criminal complaint filed by him, within a period of two months. Second is to quash Ext.P5 which is an order passed by an arbitrator under the Kerala co- operative Societies Act. Since the first prayer is in respect of a criminal case, the matter came up before the Judge hearing criminal matters. The judge was of opinion that the first prayer has to be pursued by the petitioner before the Magistrate by filing application under Section 156(3) of the Cr.P.C., in the light of the decision of the Supreme Court in Sakiri Vasu v. State of U.P. & Others [2008 AIR SCW 309]. Therefore, the writ petition was made over to this Court, since as per roster, the challenge against Ext.P5 order has to be dealt with by the Court hearing miscellaneous matters. Accordingly, the same comes up before me. I am not inclined to entertain the challenge against Ext.P5 in W.P.(C).No. 21007 OF 2008 2 this writ petition, since I am of opinion that the remedy of the petitioner lies in filing an appeal before the Co-Operative Tribunal, as provided under the Kerala Co-Operative Societies Act. In the above circumstances, without prejudice of the right of the petitioner to approach the learned Magistrate under Section 156(3) of the Cr.P.C. and to file an appeal against Ext.P5 before the Tribunal as provided under the Kerala Co-Operative Societies Act, this writ petition is dismissed. S.SIRI JAGAN, JUDGE bkn/-