IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 32582 of 2009(P) -------------------------- PETITIONER(S): --------------- 1. THE PRESIDENT, (V.K. VELUKKUTTY, S/O. VELAKKAPADY KUTTAN, CHENGALLUR) CHENGALLUR GRAMA VYAVASAYA SAHAKARANA SANGHAM LTD. NO.K.V IND (R), 18, P.O. CHENGALLUR, THRISSUR DISTRICT. 2. THE SECRETARY, (A.D ANTONY, KALLARAKKAL HOUSE, CHENGALLUR), CHENGALLUR GRAMA VYAVASAYA SAHAKARANA SANGHAM LTD. NO.K.V IND (R), 18, P.O. CHENGALLUR, THRISSUR DISTRICT. BY ADV. SRI.U.O.JOSE RESPONDENT(S): --------------- 1. THE PROJECT OFFICER, KERALA KHADI AND VILLAGE INDUSTRIES OFFICE, THRISSUR. 2. THE JOINT REGISTRAR, OFFICE OF THE CO-OPERATIVE SOCIETIES, THRISSUR. 3. THE SECRETARY, DEPARTMENT OF INDUSTRIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. ADV. SRI.K.P.HARISH,SC,KERALA KHADI BOARD FOR R1 GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR,. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 32582 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 13th November, 2009. J U D G M E N T Petitioners are the President and Secretary of the Chengallur Grama Vyavasaya Sahakarana Sangham Ltd., which is a society registered under the Kerala Co-operative Societies Act, and recognised by the Kerala Khadi and Village Industries Board. The Board has granted a loan to the society, repayment of which is in arrears. The Board initiated proceedings for recovery of the same. Ext. P1 notice has been issued to the President of the society with copies of the notice to the managing committee members also. The petitioners challenge the same on the ground that the same amounts to recovery personally from the managing committee members who are not liable for repayment of the amounts. According to the petitioners, the society has sufficient assets, which can be proceeded against for recovery of the amounts. 2. I have heard the standing counsel for the Board as well as the learned Government Pleader. 3. First of all, I am not satisfied that Ext. P1 amounts to personal recovery against the members of the managing committee. Ext. P1 is a notice issued to the President of the Society with copies to the managing committee members directing payment of the amounts due. Secondly, the petitioners are the President and Secretary and not the individuals against whom personal recovery is apprehended. Even otherwise, the recovery pursuant to a contract between the parties, which does not involve any violation of the provisions of the W.P.C. No. 32582/09 -: 2 :- Kerala Co-operative Societies Act and Rules, the remedy of the petitioners lie in filing an arbitration case under Section 69 of the Kerala Co-operative Societies Act before the appropriate authority. Without prejudice to that right, this writ petition is dismissed. S. Siri Jagan, Judge. Tds/