IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 6855 of 2011(F) ------------------------- PETITIONER:: --------------- P.SIVADAS, SON OF PALAVESAM PILLAI, PEEDIKAYIL HOUSE, MOOLAKUNNU, PONKUNNAM, CHIRAKKADAVU VILLAGE, VADAKKUMBHAGOM KARA, PONKUNNAM P.O., KOTTAYAM DISTRICT. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENTS: --------------- 1. THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM-695 001. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM-686 001. 4. THE KANJIRAPPALLY CO-OPERATIVE RUBBER MARKETING SOCIETY LIMITED NO.K.157, KANJIRAPPALLY P.O., PIN-686 507, KOTTAYAM DISTRICT REPRESENTED BY ITS SECRETARY. ADV. SRI.K.K.CHANDRAN PILLAI, SENIOR ADVOCATE FOR R4 SRI.A.S.SAJUSH PAUL FOR R4 SRI.THOMAS JAMES MUNDACKAL FOR R4 SRI.BOBBY THOMAS FOR R4 SRI.M.L.JISHNU FOR R4 SRI.TONY THOMAS (INCHIPARAMBIL) FOR R4 SMT.S.AMBILY FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 6855/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF AGREEMENT DT.13.8.2009 BETWEEN THE PETITIONER AND THE 4TH RESPONDENT SOCIETY EXT.P2 : COPY OF ORDER NO.17519/S1/08/RD DT. 9.2.2011 BY R1 EXT.P3 : COPY OF LETTER DT.24.2.2011 BY R4 TO R1 RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 6855 OF 2011 -------------------------- Dated this the 20th day of June, 2011 J U D G M E N T This writ petition is filed mainly seeking a direction to the first respondent, the Additional Chief Secretary to Government of Kerala to implement Ext.P2 letter by directing the fourth respondent co- operative society to remit the amount due to the State after effecting sale of the property agreed to be sold to the petitioner under Ext.P1 agreement. 2. From a reading of the writ petition and the nature of the relief sought, to me it appears that what the petitioner is seeking is specific performance of Ext.P1 agreement entered into between the petitioner and the fourth respondent co-operative society. The Secretary of the fourth respondent society has filed a statement dated 8.6.2011 which discloses that the society is not willing to abide by Ext.P1 agreement. A dispute has thus arisen between the petitioner and the fourth respondent as regards the respective rights of parties under Ext.P1 agreement. Such being the situation, as what the petitioner seeks is specific performance of the agreement entered into by him and the co-operative society, I am of the opinion WPC No.6855/2011 2 that the petitioner should institute an appropriate suit in the court of competent jurisdiction seeking specific performance of that agreement. Though the learned counsel appearing for the petitioner submitted that the society may raise an objection that a suit is not maintainable and the remedy of the petitioner is to institute proceedings under section 69 of the Kerla Co-operative Societies Act, I am of the opinion that in the light of the authoritative pronouncement of the Full Bench of this Court in Meera Unni v. Kottayam District Co-operative Bank [1985 KLT 384 (FB)] the dispute between the petitioner and the fourth respondent will not fall within the definition of the said term in section 2(i) of the Act. I therefore decline jurisdiction and dismiss the writ petition leaving open the contentions of both sides and reserving liberty with the petitioner to institute a suit in the court of competent jurisdiction seeking specific performance of Ext.P1 agreement. P.N.RAVINDRAN, (JUDGE) vps