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2015 Supreme(Ker) 697

DAMA SESHADRI NAIDU
SHARATH JYOTHI M. , BRANCH MANAGER – Appellant
Versus
DHARMADAM SERVICE CO-OPERATIVE BANK – Respondent


Advocates Appeared:
For the Appellants : SRI. P.N. MOHANAN
For the Respondents: SRI. M. SASINDRAN
SRI. V.V. NANDAGOPAL NAMBIAR
SRI. G. GOPAKUMAR, GOVERNMENT PLEADER

JUDGMENT :

The issue of adjudicatory avoidance by this Court on the ground of alternative remedy is raised as frequently as the monsoon rains in this state— continually, almost incessantly. Decided definitively though, it still raises its head indefatigably, for the definitive decisions have, with unfailing regularity, held that it is a matter of discretion borne out of a self-imposed restriction on the part of the Constitutional Courts. This case is yet another instance.

2. The petitioner, presently working as the Branch Manager in the respondent society seeks promotion to the post of Chief Accountant. Complaining of denial of an opportunity, the petitioner has approached this Court.

3. Sri. P.N. Mohanan, the learned counsel for the petitioner, has painstakingly advanced various submissions touching on the merits of the matter.

4. The learned counsel for the third respondent bank has, however, submitted that the petitioner has an efficacious alternative remedy under Section 69 of the Kerala Co-Operative Societies Act, 1969 ('the Act' for brevity). According to him, unless there are compelling reasons for this Court to entertain the writ petition, the petitioner ought to be relegated t






































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