IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 17TH FEBRUARY 2011 / 28TH MAGHA 1932 WP(C).No. 4951 of 2011(T) ------------------------- PETITIONER(S): --------------- S.JAYACHANDRAN,CLERK(UNDER SUSPENSION) ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., CHOONADU BRANCH, ALAPPUZHA,R/AT SHYNI MANDIR, PUTHENCHANTHA PO,MAVELIKKARA, ALAPPUZHA 690 501. BY ADV. SRI.T.R.HARIKUMAR SRI.JAYAN V.EAPEN RESPONDENT(S): --------------- 1. THE BOARD OF DIRECTORS OF THE ALAPPUZHA, DISTRICT CO-OPERATIVE BANK LTD, REP.BY ITS PRESIDENT,HEAD OFFICE,ALAPPUZHA 688 001 2. THE GENERAL MANAGER(IN-CHARGE), ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD, HEAD OFFICE,ALAPPUZHA 688 001. 3. THE BRANCH MANGER, ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD,, CHOONADU BRANCH, ALAPPUZHA 690 501. 4. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,ALAPPUZHA 688 001. BY GOVT. PLEADER SRI. BASANT BALAJI. BY SRI.P.K.VIJAYAMOHANAN, SC FOR RESPONDENTS 1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.4951 of 2011 ------------------------------- Dated this the 17th day of February, 2011 J U D G M E N T Ext.P15 order passed by the President of the Alappuzha District Co-operative Bank dismissing the petitioner from service after holding an enquiry and Ext.P16 appellate order passed by the Board of Directors upholding Ext.P15 are under challenge in this writ petition. Under section 69 of the Kerala Co-operative Societies Act which admittedly applies to the Alappuzha District Co-operative Bank, it is a dispute which has to be resolved by the Co-operative Arbitration Court. From the decision of the Co-operative Arbitration Court, an appeal lies to the Kerala Co-operative Tribunal. The Co-operative Arbitration Court can consider all the contentions raised by the petitioner and interfere with the orders which are presently impugned, if adequate grounds are made out. The petitioner thus has an effective and meaningful remedy. Further, the orders impugned are passed by the authorities of a co-operative society. A Full Bench of this Court has in P.Bhaskaran & others v. Addl. Secretary and others (1987 (2) KLT 903 (FB) held that no writ will lie against a co- operative society. In such circumstances, I am of the opinion that the petitioner should invoke the alternate remedy available to him. I, W.P.(C) No.4951 of 2011 2 therefore, find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to challenge the impugned orders in other appropriate proceedings. The contentions of the petitioner on merits are kept open. P.N. RAVINDRAN, JUDGE. nj.