Kerala High Court
Suslovu A vs The Kodumon Service Co-Operative ... on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 12493 OF 2024
PETITIONER/S:
SUSLOVU A
AGED 61 YEARS
S/O ACHUTHAN, CHIRAKAROTTU VEEDU, AICKADU, KODUMON P.O
& VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN -
691555
BY ADVS.
MANU RAMACHANDRAN
M.KIRANLAL
T.S.SARATH
R.RAJESH (VARKALA)
SAMEER M NAIR
SAILAKSHMI MENON
JOTHISHA K.A.
SHIFANA M.
RESPONDENT/S:
1 THE KODUMON SERVICE CO-OPERATIVE SOCIETY NO.2592
KODUMON, KODUMON P.O, ADOOR TALUK, PATHANAMTHITTA
DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 691555
2 THE SECRETARY
KODUMON SERVICE CO-OPERATIVE SOCIETY NO.2592, KODUMON,
KODUMON P.O, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN
- 691555
3 THE ASST. REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES/ARBITRATOR
OFFICE OF ASST. REGISTRAR (GENERAL) OF CO-OPERATIVE
SOCIETIES, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523
SMT. MABLE C. KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12493 OF 2024
2
JUDGMENT
The petitioner singularly seeks the 3rd respondent be directed to be taken up Ext.P1 Arbitration Case and dispose of it within a time frame.
2. Even though the petitioner says that he has taken up notice to respondents 1 and 2 by e- mail and its memo incorporated, there is no appearance on their behalf, nor are they represented through counsel.
3. Learned Government Pleader Smt.Mable C.Kurian, on behalf of the 3rd respondent, submitted that, if Ext.P1 Arbitration Case is still pending, then there is no legal impediment in the said Authority disposing of on its merits, adverting to Ext.P5 earlier order; but prayed that this Court make no affirmative declarations on the entitlement of the petitioner to any relief and leave it to be decided by the said authority as per law.
4. Adverting to the afore submissions, I WP(C) NO. 12493 OF 2024 3 allow this writ petition and direct the 3rd respondent to complete proceedings in A.R.C.No.683/1998-which is stated to have been remanded to the said Authority through Ext.P5 order; thus, culminating in an appropriate final order and action thereon, after affording necessary options to both sides, as expeditiously as possible, but not later than 6 months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 12493 OF 2024 4 APPENDIX OF WP(C) 12493/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN ARC NO.683/1998 ON THE FILES OF 3RD RESPONDENT FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER Exhibit P2 THE TRUE COPY OF THE AWARD DATED 15.10.2003 IN ARC NO.683/1998 PASSED BY 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER DATED 25.08.2008 IN REVISION NO.20/2004 ON THE FILES OF KERALA COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P4 THE TRUE COPY OF THE AWARD DATED 23.07.2014 IN ARC NO.683/1998 PASSED BY THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 31.01.2015 IN APPEAL NO.82/2014 OF KERALA COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM