IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 WP(C).No. 34135 of 2008(L) --------------------------------------- PETITIONER(S): ----------------------- S.BISHA, W/O.K.R.LALU, MAMATHA ELAVUMTHITTA PO., PATHANAMTHITTA (PEON, THIRUVALLA EAST CO.OP.BANK LTD NO.3260, HO ERAVIPEROOR, THIRUVALLA). BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): ------------------------- 1. JOINT REGISTRAR OF CO.OP.SOCIETIES(G) OFFICE OF THE JOINT REGISTRAR OF CO.OP. SOCIETIES(G), PATHANAMTHITTA. 2. KERALA CO.OP.SERVICE EXAMINATION BOARD THIRUVANANTHAPURAM-1, REP. BY ITS SECRETARY. 3. THIRUVALLA EAST CO.OP.BANK LTD.NO.3260 HO.ERAVIPEROOR.PO., THIRUVALLA REP. BY ITS GENERAL MANAGER. 4. BOARD OF DIRECTORS, THIRUVALLA EAST CO.OP.BANK LTD.NO.3260,H.O.ERAVIPEROOR PO., THIRUVALLA, REP. BY ITS PRESIDENT. BY GOVERNMENT PLEADER SRI. K.C.SANTHOSH KUMAR FOR R1 ADV. SRI.P.U.SHAILAJAN,SC,CO-OP.SERVICE EXAM FOR R2 SRI.P.RAVINDRAN (SR.) FOR R3-4 SRI.HARIKRISHNAN RAVINDRAN FOR R3-4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.34135 of 2008-L = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of December, 2008. JUDGMENT 1.This writ petition is filed by one S.Bisha. She has stated among the grounds in the writ petition that ARC.158/2008 has been filed before the Co- operative Arbitration Court challenging the action impugned in this writ petition and the learned Arbitrator had posted the matter for consideration and the application for interim relief in that matter is yet to be decided. Obviously, that was not noticed by me when I admitted this writ petition and granted the interim order. Petitioner having invoked the alternate efficacious remedy available under the KCS Act, it is impermissible for her to prosecute this writ petition. It is equally necessary that the Arbitration Court considers any application for interim relief in ARC.158/2008. Hence, without prejudice to contentions in ARC.158/2008, WP(C)34135/08 -: 2 :- the learned Arbitration Court is requested to make an endeavour to take up the application for interim relief in the said ARC and dispose it off at the earliest since, going by the statements in ground D in this writ petition, the matter was listed before the Arbitration Court on 7-11-2008, 14-11-2008 and 3-12-2008. This writ petition is ordered accordingly, hoping that the Arbitration Court will pass interim orders either way before the end of this calendar year. It is directed that the interim order governing the parties, as of now, will continue till 31-12-2008. It is also clarified that this judgment does not express anything on merits and the learned Arbitration Court will decide the interlocutory application untrammeled by anything stated herein. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/