IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16295 of 2008(M) -------------------------- PETITIONER: ------------ JACOB GEORGE, TECHNICIAN (CHEMIST IN CHARGE) THE MEENACHIL RUBBER MARKETING & PROCESSING CO-OPERATIVE SOCIETY LTD. NO. 118. PALAI -686 575. BY ADV. SRI.WILSON URMESE RESPONDENTS: ------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 2. THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCIETY LTD, NO. K.118,PALAI, REPRESENTED BY ITS MANAGING DIRECTOR 3. SHANLY V.KURIAN, CHEMIST (FACTORY MANAGER IN CHARGE) THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OPERATIVE SOCIETY LTD, NO. K.118,PALAI-686 575 R1 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P.(C).No.16295 OF 2008 ------------------------------------------- Dated this the 2nd day of June, 2008 JUDGMENT The petitioner, an employee of the second respondent Co- operative society, is aggrieved by a promotion given to the third respondent. He seeks a direction to the Joint Registrar, the first respondent, to consider Ext.P3 representation. In my considered view, having regard to the scope of Section 69 of the Kerala Co- operative Societies Act, 1969, the Joint Registrar does not have the power to decide a dispute of inter-se seniority between the petitioner and the third respondent. There is, in fact, an express exclusion of any such authority being exercised. Therefore, there will be no jurisdictional foundation for any proceedings that is sought to be initiated by way of Ext.P3. Hence, the petitioner does not have any legal right to seek issuance of direction to the first respondent to consider Ext.P3. Accordingly, without prejudice to the right of the petitioner to take recourse to proceedings by way of arbitration as referable to Section 69 of WPC.16295/08 Page numbers the KCS Act, before the appropriate authority, this writ petition is dismissed. Faced with this situation, learned counsel for the petitioner sought leave to withdraw the writ petition without prejudice. Leave granted and the writ petition is dismissed as withdrawn, without prejudice. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.