IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 11^TH DAY OF SEPTEMBER 2024/20TH BHADRA, 1946 WP(C) NO. 16218 OF 2024 PETITIONER:

ABHILASH. S R AGED 47 YEARS S/O. SREEKANTAN NAIR, SANDHYA NIVAS, ULLOOR, SREEKARYAM P O, THIRUVANANTHAPURAM, PIN – 695 017.

BY ADVS.

SINDHU SANTHALINGAM A.D.SHAJAN NEJINA B.

RESPONDENTS:

1 ANANTHAPURAM SERVICE CO-OPERATIVE SOCIETY (T 184), KAITHAMUKKU, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY., PIN – 695 024.

2 ASSISTANT REGISTRAR ARBITRATION COURT, THIRUVANANTHAPURAM, PIN – 695 001.

BY ADVS.

SMRUTHI SASIDHARAN V.P.BRIJESH(K/1099/2010)

ASWATHY AMBY(K/002062/2022)

SREEJA SASIDHARAN(K/001460/1999)

HARRY GEORGE N.S.(K/2888/2023)

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 11^th day of September, 2024 The petitioner, who has availed a financial advance from the Ananthapuram Service Co-operative Society and against whom the Society has taken coercive proceedings for recovery, approached this Court seeking the following reliefs:

(i) call for the records connected with the case;

(ii) issue writ of mandamus or other appropriate writ order or direction, to calculate the interest at the rate of

10% as ordered in Ext. P8 Judgment.

(iii) declare that as per Ext.P8 judgment the liability to pay the arrears arises only after 15.07.2024.

2. When the writ petition came up for admission, this Court passed an interim order on 25.07.2024, directing the petitioner to remit an amount of Rs.3 lakhs within a period of one month. It is submitted that the amount has not been paid.

3. The prayer in the writ petition is to direct the respondent to calculate the interest at the rate of 10% as ordered in Ext.P8 judgment.

4. The petitioner is the member of the 1^st respondent-Society. If the petitioner has any grievance relating to the calculation of loan amount, the petitioner has to invoke the remedy under Section 69 of the Kerala Co-operative Societies Act.

In view of the alternative remedy available to the petitioner, the writ petition is dismissed.

Sd/-

N.NAGARESH JUDGE AMR APPENDIX OF WP(C) 16218/2024 PETITIONER’S EXHIBITS Exhibit P1 A TRUE COPY OF THE RECEIPT DTD.

2/9/2010 , INSTALMENT AMOUNTING TO RS. 14,805/- ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 A TRUE COPY OF THE RECEIPT DTD.

4/10/2010 , INSTALMENT AMOUNTING TO RS. 15027/- ISSUED BY THE 1ST RESPONDENT.

Exhibit P3 A TRUE COPY OF THE AWARD NO. ARC

2536/2022 DTD. 30/3/2022 FILED BY THE

1ST RESPONDENT BEFORE THE 2ND RESPONDENT.

Exhibit P4 A TRUE COPY OF THE APPEAL NO. 101/2023 FILED ON 6/2/2023 BY THE PETITIONER BEFORE THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

Exhibit P5 A TRUE COPY OF THE INTERIM ORDER DATED

21/3/2023 IN I A NO. 144/2023 IN APPEAL NO. 101/2023 OF THE KERALA CO-

OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.

Exhibit P6 A TRUE COPY OF THE RECEIPT DTD.

18/5/2023 REMITTED BY THE PETITIONER.

Exhibit P6(a) A TRUE COPY OF THE RECEIPT DTD.

3/4/2024 REMITTED BY THE PETITIONER.

Exhibit P7 A TRUE COPY OF THE SUMMONS ISSUED UNDER SECTION 70 AND RULE 67 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969 IN ARC NO. 2536/2022 DTD.

26/2/2022 ISSUED TO THE PETITIONER SHOWING HOW THE AMOUNT WAS ARRIVED AT.

Exhibit P8 A TRUE COPY OF THE JUDGMENT DTD.

21/11/2023 IN APPEAL NO. 101/2023 OF THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.