IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.28994 OF 2020(Y)
PETITIONERS:
1 C.N.SUBRAMANYAN, AGED 60 YEARS
S/O. NARAYAN PANICKER, CHINKARATTU HOUSE, PATTANAKKAD
MURI, PATTANAKKAD VILLAGE, CHERTHALA TALUK,
ALAPPUZHA DISTRICT-688 531
2 ADV.R.PURUSHOTHAMA SHENOY
AGED 73 YEARS
S/O. RAMA SHENOY, CHANIYIL HOUSE, PATTANAKKAD MURI,
PATTANAKKAD VILLAGE, CHERTHALA TALUK,
ALAPPUZHA DISTRICT-688 531
BY ADVS.
SMT.K.N.RAJANI
SMT.ANILA PETER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF COOPERATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE JOINT REGISTRAR,
CO-OPERATIVE SOCIETY (GENERAL),
TECHI ANGALAMMAN COMPLEX, OPP ST.ANTONYS SCHOOL,
THIRUVAMBADY, ALAPPUZHA-688 002
3 PATTANAKKAD SERVICE CO-OPERATIVE BANK LTD NO.1144,
PATTANAKKAD, CHERTHALA P.O.,
ALAPPUZHA DISTRICT-688 531
R3 BY ADV. SRI.T.R.HARIKUMAR
R3 BY ADV. SRI.ARJUN RAGHAVAN
OTHER PRESENT:
SR.GP SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).28994/2020
2
JUDGMENT
Heard the learned counsel for the petitioners and learned Senior Government Pleader.
It seems that, by Ext.P7 judgment, Ext.P4 common order was set aside and the matter was remanded for fresh consideration. It seems that the benefit should ensure to the petitioners herein. In the light of it, Ext.P4 to the extent it applies to the petitioner is set aside and the matter is remanded to the first respondent who shall rehear the appeal and pass fresh orders on merits within two months from the date of receipt of a copy of this judgment or along with the matters involved in Ext.P7 Writ Petition.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).28994/2020
3
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF THE 2ND
RESPONDENT IN CRP (1) 7882/2015 DATED
15.02.2019
EXHIBIT P2 TRUE COPY OF THE APPEAL PETITION FILED BY
THE PETITIONERS DATED 20.4.2019 EXHIBIT P3 TRUE COPY OF THE STAY PETITION FILED BY THE PETITIONERS DATED 20.4.2019 EXHIBIT P4 TRUE COPY OF THE ORDER NO.GO (MS) 532/2020/CO-OP DATED 21.10.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 THE TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER DATED 30.11.2020 EXHIBIT P6 THE TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER DATED 30.11.2020 EXHIBIT P7 COPY OF THE JUDGMENT IN WPC NO.25247/2020, 26138/2020 AND 201203/2020 DATED 14.12.2020 PASSED BY THE HON'BLE HIGH COURT