IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 292 of 2010(J) ------------------------ PETITIONER(S): --------------- NATTAKOM CO-OPERATIVE BANK NO. 86, PAKKIL.P.O, KOTTAYAM - 686 012, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.KISHOR B. SRI.K.VIDYASAGAR RESPONDENT(S): --------------- 1. NATTAKOM SERVICE CO-OPERATIVE BANK NO. 3839, PAKKIL.P.O, KOTTAYAM - 686 012, REPRESENTED BY ITS SECRETRAY. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM. 3. REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI. K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 292 OF 2010 -------------------------- Dated this the 6th day of January, 2010 J U D G M E N T Ext.P6 order passed by the Joint Registrar of Co-operative Societies (General) Kottayam rejecting the complaint filed by the petitioner against the first respondent bank opening a new branch within the area of operation of the petitioner bank is under challenge in this writ petition. Ext.P6 order was passed on 16.12.2009. Under Section 83(1)(j) of the Kerala Co-operative Societies Act, 1969, an appeal lies from the said order to the Government. The period prescribed for filing the appeal is 60 days from the date of the order impugned in the appeal. In such circumstances, as Ext.P6 is an appealable order and as the period of limitation prescribed for filing an appeal has not expired, I am of the opinion that the petitioner should invoke the appellate remedy instead of moving this Court at this stage under Article 226 of the Constitution of India. The Government can also issue necessary instructions to the Registrar of Co-operative Societies to take steps to redress the grievances of the petitioner. In such circumstances, I am not inclined to entertain this writ petition. W.P.(C) No. 292/2010 2 The writ petition fails and is dismissed leaving open the petitioner's contentions and without prejudice to the right of the petitioner to move the Government in appeal under Section 83(1)(j) of the Kerala Co-operative Societies Act, 1969. It will also be open to the petitioner to move the Government for interim orders and in the event of the petitioner moving for interim orders, the Government shall consider the prayer for interim relief and pass orders thereon within one week from the date on which the petitioner moves the Government in appeal. P.N.RAVINDRAN, JUDGE vps