IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35788 of 2008(I) ------------------------------------- PETITIONERS: --------------------- 1. K.R.MADHUSUDANAN NAIR, AGED 57 YEARS, MAHESAM HOUSE, THAKAZHI VILLAGE, KUTTANAD TALUK, ALAPPUZHA DIST. 2. K.SARADA MONY, AGED 50 YEARS, W/O. MADHUSUDANAN NAIR, OF DO 3. G.INDIRA, AGED 55 YEARS, KARTHIKA VEEDU, THAKAZHI VILLAGE, ALAPPUZHA DIST. 4. BABY JALAJA, AGED 55 YEARS, JAYASREE SADANAM THAKAZHI VILLAGE, ALAPPUZHA DIST. 5. M.K.NAIR, AGED 58 YEARS, OF DO 6. DEEPTHI, AGED 24 YEARS, D/O.M.K.NAIR OF DO. 7. MANJU NAIR, AGED 20 YEARS, D/O M.K.NAIR, OF DO. 8. P.K.RAMAN PILLAI, AGED 83, RETD. TEACHER, KOOTEZHUTHU VEEDU, THAKAZHI VILLAGE, ALAPPUZHA. 9. M.JANAKI AMMA, AGED 80, W/O.P.K.RAMAN PILLAI, OF DO. 10. K.J.RATHI DEVI AMMA, AGED 55 YEARS, KOOTTEZHUTHU VEEDU, OF DO. 11. K.J.RAMA DEVI AMMA, AGED 58, OF DO. 12. R.PARAMESWARAN PILLAI, AGED 78 YEARS, PARAMESWARA VILASOM, THAKAZHI VILLAGE, KUTTANADU ALAPPUZHA. W.P.(C). NO.35788/2008-I: 13. K.R.VIJAYAN NAIR, KOOTEZHAM VEEDU, PADAHARAM, THAKAZHI VILLAGE, ALAPPUZHA DIST. BY ADV. SRI.R.SANTHOSH BABU. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, ALAPPUZHA. 4. THE THAKAZHI SERVICE CO-OPERATIVE BANK LTD, NO.1832, REP.BY ITS SECRETARY,KUNNAMMA.P.O, THAKAZHI, ALAPPUZHA DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.35788 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 4th day of December, 2008. JUDGMENT Petitioners have pleaded that they have made fixed deposits with the fourth respondent, a co- operative bank and that the bank is unable to make payments. According to them, they are in dire need of money and are also pressing out of turn repayment on account of various personal situations like marriage and other domestic requirements, including health. The amounts in deposit, going by the pleadings, are not paltry. The rate of interest is also a matter for consideration appropriately. Even an Adalat could not solve the issue. The proper course, therefore, would be only for arbitration under Section 69 of the KCS Act. At any rate, it is not a matter on which a writ should issue. Hence, this writ petition is dismissed without prejudice WP(C)35788/08 -: 2 :- to the right of the petitioners for recourse to arbitration. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/