IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 23942 of 2008(A) ---------------------------------------- PETITIONER(S): ----------------------- THE MOOVERIKKARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.NO. T.164 (D) APCOS, REPRESENTED BY ITS SECRETARY, KUNNATHUKAL P.O. THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENT(S): --------------------------- 1. DEPUTY DIRECTOR, DEPARTMENT OF DAIRY DEVELOPMENT THIRUVANANTHAPURAM 2. SUNDER RAJ, S/O.DEVARASAN S.S. NIVAS, NELLIVILA, NARANI KUNNATHUKAL P.O.,THIRUVANANTHAPURAM. R1 BY GOVT. PLEADER SMT.N. SUDHA DEVI. R2 BY ADV. SRI.JOHNSON MANAYANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C) NO. 23942/2008-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RESOLUTION DATED 19/02/2007 OF THE PETITIONER. EXT.P2: COPY OF THE GIST OF FINDING OF THE 2ND RESPONDENT. EXT.P3: COPY OF THE JUDGMENT DATED 09/04/2008 IN WP(C) NO. 12020/2008 OF THIS HONOURABLE COURT. EXT.P4: COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 25/06/2008. EXT.P5: COPY OF THE ORDER NO.D/1830/08 DATED 15/07/2008 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.23942 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of February, 2011 J U D G M E N T The counsel for the 2nd respondent is absent. The learned counsel for the petitioner Society submits that the 2nd respondent has already invoked the jurisdiction of the Arbitration Court under Section 69 (2) (d) of the Kerala Co- operative Societies Act and therefore the parties have to abide by the decision of the Arbitration Court in the matter. Accordingly this writ petition is closed without prejudice to the right of the parties to seek appropriate reliefs on the basis of the award of the Arbitration Court. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/