IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 29TH JANUARY 2010 / 9TH MAGHA 1931 WP(C).No. 2567 of 2010(U) ------------------------- PETITIONER(S): --------------------- THE KOTTAPPADY SERVICE CO-OPERATIVE BANK LTD.E.155,PO,KOTTAPPADY, VIA KOTHAMANGALAM, ERNAKULAM DT.REPRESENTED BY ITS SECRETARY. BY ADV. SRI.N.K.SUBRAMANIAN SRI.S.ANANTHAKRISHNAN RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. PRESIDING OFFICER/ARBITRATOR, KERALA STATE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM. 4. SECRETARY, KERALA STATE CO-OPERATIVE ARBITRATION COURT THIRUVANANTHAPURAM. 5. T.N.AMBIKA, W/O.SUKUMARAN, PLACHERY HOUSE, VENGLOOR VILLAGE, NEDUNGAPRA KARA, KUNNATHUNADU TALUK, ERNAKULAM DIST. BY GOVT.PLEADAER SRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.2567 of 2010 ------------------------------------------- Dated this the 29th day of January, 2010 JUDGMENT The petitioner has filed this Writ Petition challenging the action of the third respondent in posting ARC No.86 of 2008, to which the petitioner was also a party, at Thiruvananthapuram on 30.1.2010. According to the petitioner, the case was being posted at the Camp sitting at Ernakulam on all previous dates. While so, the case was posted for evidence on the 20th of January 2010. However, the counsel for the petitioner insisted on the documents produced in the case being made available to him at the time of cross examining the witnesses. It is alleged that the case was posted at Thiruvananthapuram for the reason that it was not possible for the documents to be brought to the Camp sitting at Ernakulam. The petitioner prays for a wpc No.2567 of 2010 2 posting at Ernakulam and for continuation of the trial of the case at Ernakulam. 2. The Government Pleader, on instructions, submits that the case was posted at Thiruvananthapuram only for the reason that the counsel for the petitioner requested for the case to be posted on a Saturday. Since Camp sittings at Ernakulam are conducted only on Wednesdays and Thursdays, the case was posted on 30th January 2010, which is a Saturday. The said posting having been made at the request of the counsel for the petitioner, cannot be the reason for any complaint. 3. The submissions of the Government Pleader are opposed by the counsel for the petitioner. According to him, he only wanted the documents to be brought to Ernakulam so that they would be available at the time of cross examination. The Government Pleader submits that if the petitioner is willing to proceed with the case, the same will be posted at Ernakulam on the next date wpc No.2567 of 2010 3 of Camp sitting which is scheduled on the 23rd and 24th of February 2010. 4. In view of the above submissions, this Writ Petition is disposed of directing the third respondent to post ARC No.86/2008 at the Camp sitting at Ernakulam on the next date of posting and to proceed with the trial of the said case at Ernakulam, making available the documents necessary to the petitioner's counsel for cross examination. K.SURENDRA MOHAN, JUDGE css/