IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WA NO. 452 OF 2022
AGAINST THE ORDER DATED 21.03.2022 IN WP(C)NO.9446/2022 OF HIGH COURT
OF KERALA
APPELLANT/PETITIONER IN W.P(C):
THE SECRETARY
COCHIN SHIPYARD STAFF CO-OPERATIVE HOUSE CONSTRUCTION
SOCIETY LTD. E346, COCHIN SHIPYARD LTD., PERUMANOOR,
KOCHI - 682015
BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
PAUL C THOMAS
FRANKLIN ARACKAL
M.B.SOORI
BABU M.
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA
ANCY THANKACHAN
D.ANIL KUMAR
RESPONDENTS/RESPONDENTS IN W.P(C):
1 KERALA CO-OPERATIVE TRIBUNAL
THIRUVANANTHAPURAM REPRESENTED BY
ITS SECRETARY JAWAHAR SAHAKARANA BHAVAN, VAZHUTHACAUD -
POOJAPPURA ROAD, DPI, THIRUVANANTHAPURAM - 695 014
2 THE ARBITRATOR/
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL) KANAYANNUR, VALANJAMBALAM,
KOCHI - 682 016.
W.A Nos.452 & 473 of 2022
2
3 MURUKESAN NAIR,
S/O KRISHNAPILLAI, SREEVYSAK (THENGARA VEEDU),
THRIJYOTHIPURAM LANE, ANDOORKKONAM P.O.,
THIRUVANANTHAPURAM - 695584.
4 SREEDEVI AMMA
W/O MURUKESAN NAIR,
SREEVYSAK (THENGARA VEEDU), THRIJYOTHIPURAM LANE,
ANDOORKKONAM P.O, THIRUVANANTHAPURAM - 695584.
SRI T.K.VIPINDAS, SENIOR GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.06.2022, ALONG WITH WA.473/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A Nos.452 & 473 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WA NO. 473 OF 2022
AGAINST THE ORDER DATED 21.03.2022 IN WP(C) 9424/2022 OF HIGH
COURT OF KERALA
APPELLANT/PETITIONER IN W.P(C):
SECRETARY, COCHIN SHIPYARD STAFF CO-OPERATIVE HOUSE
CONSTRUCTION SOCIETY LTD. E 346,
COCHIN SHIPYARD LTD., PERUMANOOR, KOCHI-682 015.
BY ADVS.
C.S.AJITH PRAKASH
D.ANIL KUMAR
T.K.DEVARAJAN
PAUL C THOMAS
BABU M.
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA
RESPONDENTS/RESPONDENTS IN W.P(C):
1 KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
JAWAHAR SAHAKARANA BHAVAN, VAZHUTHACAUD-POOJAPPURA
ROAD, DPI, THIRUVANANTHAPURAM-695 014.
2 THE ARBITRATOR,
THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL), KANAYANNUR,
VALANJAMBALAM, KOCHI-682 016.
W.A Nos.452 & 473 of 2022
4
3 MURUKESAN NAIR,
S/O.KRISHNAPILLAI, SREEVYSAK (THENGARA VEEDU),
THRIJOTHIPURAM LANE, ANDOORKKONAM P.O.,
THIRUVANANTHAPURAM-695 584.
4 SREEDEVI AMMA,
W/O.MURUKESAN NAIR, SREEVYSAK (THENGARA VEEDU),
THRIJYOTHIPURAM LANE, ANDOORKKONAM P.O.,
THIRUVANANTHAPURAM-695 584.
SRI.T.K.VIPIN DAS, SR.GOVT.PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.06.2022, ALONG WITH WA.452/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A Nos.452 & 473 of 2022
5
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
=================================
W.A No.452 of 2022
[arising out of the interim order dated
21.03.2022 in W.P(C) No.9446/2022]
&
W.A No.473 of 2022
[arising out of the interim order dated
21.03.2022 in W.P(C) No.9424/2022]
=================================
Dated this the 01st day of June, 2022
JUDGMENT
Alexander Thomas, J.
Both these writ appeals arise out of the impugned common interim order dated 21.03.2022 rendered by the learned Single Judge in Writ Petition Civil Nos.9424 & 9446 of 2022. The appellant in each of these appeals is the petitioner in the W.P(C). The respective contesting respondents in these appeals are the respective contesting respondents in the above writ petitions.
2. Heard Sri.C.S.Ajith Prakash, learned counsel appearing for the appellant in these cases and Sri.T.K.Vipindas, learned Senior Government Pleader appearing for the State. Notices to respondents 1 & 2 (Co-operative Appellate Tribunal & The Co-operative Arbitration Court respectively), will stand dispensed with, as those bodies are adjudicatory fora. Contesting respondents 3 & 4 in these writ appeals W.A Nos.452 & 473 of 2022 6 have not entered appearance even at the W.P(C) stage. In the nature of the orders proposed to be passed by us in these appeals, notices to the said parties will stand dispensed with.
3. The impugned common interim order rendered by the learned Single Judge on 21.03.2022 in the instant Writ Petition (Civil), W.P(C) Nos. 9424 & 9446 of 2022, reads as follows :
"Admit.
Urgent notice by speed post to respondents 3 and 4.
There will be an interim stay of further proceedings in E.P No.262 of 2020 of Subordinate Judges Court, Eranakulam for a period of two months on condition that the petitioner furnishes security for the decree amount to the satisfaction of the Execution Court within a period of six weeks from today."
It is clear from a reading of the said order that the said order is an ad-interim ex-parte order passed by the learned Single Judge at the admission stage of the W.P(C) and before issuance of notice to contesting respondents 3 & 4. Further, we see that the currency period of the said interim order dated 21.03.2022, which was upto six weeks therefrom, has also expired on 05.05.2022. That apart, it is by now well-established by various decisions of this Court including the Larger Bench decision of this Court in K.S.Das v. State of Kerala [1992 (2) KLT 354 (LB)] that, ad-interim orders or interim orders, which cannot be classified as intermediate orders, cannot be the subject matter of intra-court appeal W.A Nos.452 & 473 of 2022 7 under Sec.5(i) of the Kerala High Court Act. This position has been reiterated by a Division Bench of this Court in other decisions as in Bharat Petroleum Corporation Ltd. & anr. v. Saju.A.R & Ors. [2021 (5) KHC 398 (DB)], P.T.Thomas v. Bijo Thomas [2021 (6) KLT 196 (DB)], etc. The Division Bench of this Court in P.T.Thomas's case supra [2021 (6) KLT 196 (DB)] has dealt with the various aspects flowing out from the celebrated decision of the Apex Court in Madhu Limaye v. State of Maharashtra [(1977) 4 SCC 551], to examine the meaning of the word 'interlocutory order' in depth, particularly, the substance and effect of interlocutory order. These aspects have also been dealt with in a recent judgment of the Division Bench rendered in the case Thiruvalla East Co-operative Bank Ltd. & anr. v. K.J.Amminikutty & anr. (judgment dated 17.11.2021 in W.A No.1510/2021). Suffice to say, since the present impugned order is only an ad-interim order passed at the admission stage, it is only to be held that appellate challenge at this stage is not maintainable. Needless to say, it is open to the appellant to seek for extension and modification of the interim order. In case, the appellant prefer any modification, it is open to them to seek extension of the same and modification and it is for the learned Single Judge to consider those issues. We make it clear that W.A Nos.452 & 473 of 2022 8 we have not entered into those aspects while dismissing these appeals as not maintainable. Accordingly, the above Writ Appeals will stand dismissed.
Sd/-
ALEXANDER THOMAS JUDGE Sd/-
SHOBA ANNAMMA EAPEN JUDGE vgd