IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 849 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 19/06/2009 in WP NO : 12065 OF 2009 on the file of the High Court.) Between: Kollam Ratnam S/o.Late Sri Peda Veerraju S/o.Sri Krishnapatnam Rajanagaram Mandal, East Godavari District ..... APPELLANT AND 1 The Deputy Director of Fisheries and Ex.Officio Joint Registar of Fishermen Co.op.Societies, Kakinada, East Godavari District 2 The Assistant Director of Fisheries, Rajahmundry East Godavari District 3 The Fishermen Co.op.Society Limited, No.C-125 Sri Krishnapatnam, Rajanagaram Mandal, E.G.District, rep.by its President .....RESPONDENTS Counsel for the Appellant:MR.A.PRABHAKAR RAO Counsel for the Respondents: GP FOR FISHERIES The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 849 of 2009 ORAL JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari ) This writ appeal is directed against the order dated 19.6.2009 of the learned single Judge made in W.P.M.P. No.15558 of 2009 in W.P. No. 12065 of 2009. The appellant is the writ petitioner. He filed the aforementioned writ petition before the leaned single Judge seeking a Mandamus to declare the action of the incumbent Managing Committee of the 3rd respondent-Society in proposing to hold elections to the new Managing Committee of the said society for the period commencing from 27.6.2009 to 26.6.2014 in the general body meeting scheduled to be held on 27.6.2009 as illegal, arbitrary and without jurisdiction. A consequential direction was also sought to direct the respondents 1 and 2 to hold elections to the Managing Committee of the 3rd respondent-society by appointing an election officer as per the procedure contemplated under the A.P. Cooperative Societies Act, 1964 (for short ‘the Act’) and the Rules made thereunder. The learned single Judge while admitting the writ petition, granted the following interim order. “The elections, as scheduled may go on, however, the members admitted after 15.3.2005 shall not be allowed to vote in the said elections, since Writ Petition No.11669 of 2006 is pending and interim order was granted in the said writ petition.” Aggrieved by the said order, the appellant/writ petitioner filed the present appeal. Even though, Sri A. Prabhakar Rao, learned counsel for the appellant sought to contend before us that the respondents are proceeding to conduct the elections to the Managing Committee of the 3rd respondent-society without even appointing an Election Officer for the said purpose, we are not satisfied with the said contention in view of the fact that the appellant-writ petitioner has a remedy before the Registrar under Section 61 of the Act. In view of the availability of an effective alternative remedy, we decline to interfere with the order of the learned single Judge. While reserving liberty to the appellant to avail the said remedy, the writ appeal is disposed of. No costs. ___________________ T.MEENA KUMARI,J Date: 26th June, 2009 _________________ SANJAY KUMAR,J Note: Communicate the operative portion of the order by wire at party’s costs. pnb