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N.V.BHAGEERATHI versus NORTH MALABAR DIST. CO

High Court of Kerala

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N.V.BHAGEERATHI v. NORTH MALABAR DIST. CO-OPERATIVE SUPPLY - WP(C) No. 9876 of 2007(A) [2007] RD-KL 16934 (7 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 9876 of 2007(A)

1. N.V.BHAGEERATHI,
... Petitioner

Vs

1. NORTH MALABAR DIST. CO-OPERATIVE SUPPLY
... Respondent

2. THE MANAGER,

3. THE ADMINISTRATOR,

For Petitioner :SRI.A.RANJITH NARAYANAN

For Respondent :SMT.CELINE JOSEPH

The Hon'ble MR. Justice K.M.JOSEPH

Dated :07/09/2007

O R D E R

K.M.JOSEPH, J.


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W.P.(C).No. 9876 OF 2007
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Dated this the 7th day of September, 2007



JUDGMENT

Petitioner has approached this court praying for a direction to disburse the amount of Rs. 88,243/- with 7.5% interest per annum legally due to the petitioner forthwith and in the alternative direct the third respondent to disburse the said amount to the petitioner.

2. There is no dispute that petitioner has an alternate remedy under Section 69 of the Kerala Co-operative Societies Act. I feel that petitioner should be relegated to the pursuit of the alternate remedy under Section 69. Learned counsel for the petitioner submits that matter would be prolonged. Having regard to the facts and circumstances, the writ petition is disposed of relegating the petitioner to pursue the alternate remedy under Section 69. There will be a further direction that if the petitioner institutes proceedings under Section 69, the authority shall dispose of the matter as WPC No.9876/07 2 expeditiously as possible and at any rate within three months from the date on which proceeding is instituted. No doubt, it goes without saying that the authority will give full opportunity to the parties to prosecute their contentions.

(K.M.JOSEPH, JUDGE)

sv. WPC No.9876/07 3


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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