Kerala High Court
Annamma Alias Chinnamma vs The Joint Registrar Of Co-Operative ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12291 OF 2024
PETITIONERS:
1 ANNAMMA ALIAS CHINNAMMA, AGED 74 YEARS
W/O.JOB, THOOPARAMBIL, AYYANKUNNU, IRITTI,
KANNUR-, PIN - 670706
2 BENNY JOB, AGED 49 YEARS, S/O.CHINNAMMA, THOOPARAMBIL,
AYYANKUNNU, IRITTI, KANNUR-, PIN - 670706
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),
THAVAKKARA, KANNUR-, PIN - 670002
2 THE SPECIAL SALE OFFICER,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KANNUR-, PIN - 670002
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL), NEAR PALAKKAD SWAMI MADAM,
KANNUR-, PIN - 670002
4 IRITTI HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED
NO.C-891, IRITTI, KANNUR - REPRESENTED BY ITS
SECRETARY, PIN - 670703
5 THE KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM JAWAHAR SAHAKARANABHAVAN,
VAZHUTHACAUD - POOJAPPURA ROAD, DPI,
THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS
SECRETARY, PIN - 695012
BY ADV CIBI THOMAS
SMT.MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12291 OF 2024
2
JUDGMENT
The learned counsel for the petitioners says that his clients have been wholly incapacitated for the reason that, even though he has preferred Ext.P13 statutory Revision before the fifth respondent - Tribunal, no action has been taken thereon; but that, in the meanwhile, the official respondents are initiating and pursuing recovery action against them, as evident from Exts.P11 and P15. They thus pray that the fifth respondent - Tribunal, be directed to consider Ext.P13 Revision at the earliest; and that, until such time, all recovery action against them be ordered to be deferred.
2. However, Sri.Cibi Thomas - learned standing counsel for the respondent - Bank, submitted that the Award in question was issued as early as in the year 2019 and that Ext.P13 Revision has been filed by the petitioners only very recently. He, therefore, prayed that no indulgence be shown to the petitioners and that this writ petition be dismissed.
3. Smt.Mable C.Kurian - learned Senior Government Pleader, submitted that, since the petitioners have already invoked statutory remedy before the fifth respondent - Tribunal through Ext.P13, no other reliefs can be sought for by them in this writ petition.
WP(C) NO. 12291 OF 2024 3
4. I must say that there is some force in the submissions of the learned Government Pleader and Sri.Cibi Thomas because, this Court cannot micro-manage the affairs of the Tribunal; and it is for the petitioners to move it appropriately and obtain necessary interim orders. The factum of the Award having been issued in the year 2019 and Ext.P13 having been filed only recently, also persuades me not to issue any further orders in favour of the petitioners, except that they be given some time to invoke their remedies before the said Tribunal.
5. Resultantly, I dispose of this writ petition, leaving liberty to the petitioners to move the fifth respondent - Tribunal appropriately, even for interim orders; for which purpose, I direct that further coercive action against them be deferred for a period of one month from the date of receipt of a copy of this judgment.
Needless to say, if no interdictory orders are issued by the Tribunal in the meanwhile, the official respondents will be at full liberty to initiate and pursue further recovery action, without having to obtain any further orders from this Court.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 12291 OF 2024 4 APPENDIX OF WP(C) 12291/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE PASS BOOK OF THE 1 ST PETITIONER Exhibit P2 TRUE COPY OF THE RELEVANT PAGE PASS BOOK OF THE 1 ST PETITIONER Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMARY AND MEDICAL BILLS DATED 4-1-2019 Exhibit P4 TRUE COPY OF THE MEDICAL PRESCRIPTION ISSUED TO THE 1 ST PETITIONER DATED 13-3-2019 Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE IDENTITY CARD OF THE 1 ST PETITIONER ISSUED BY THE AGRICULTURAL OFFICER Exhibit P6 TRUE COPY OF THE THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER SHOWING THAT THE 1 ST PETITIONER IS AN AGRICULTURIST DATED 26-2- 2000 Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 3-8- 2021 SENT BY THE SENIOR CO-OPERATIVE AUDITOR Exhibit P8 TRUE COPY OF THE NOTICE TO THE PETITIONERS IN ARC NO.1449/2019 ISSUED BY THE 1 ST RESPONDENT DATED 5-11-2019 Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE 2 ND RESPONDENT TO THE PETITIONERS DATED 21-3- 2023 VIDE NO.CEP 25/2023 Exhibit P10 TRUE COPY OF THE JUDGMENT IN WRIT PETITION(C)NO.15543/2023 DATED 16-11-2023 Exhibit P11 TRUE COPY OF THE COMMUNICATION SENT BY THE 4 TH RESPONDENT TO THE PETITIONER DATED 29-11- 2023 Exhibit P12 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERS FOR CERTIFIED COPY OF THE AWARD ON 12- 8-2023 WP(C) NO. 12291 OF 2024 5 Exhibit P13 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER BEFORE THE 5 TH RESPONDENT KERALA CO- OPERATIVE TRIBUNAL Exhibit P14 TRUE COPY OF THE CHALAN RECEIPT DATED 14-3- 2024 Exhibit P15 TRUE COPY OF THE SALE NOTICE PUBLISHED BY THE BANK DATED 29-2-2024