Pennamma Raghavan vs Special Sale Officer

Kerala High Court

Pennamma Raghavan vs Special Sale Officer on 21 May, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
               THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
         TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                          WP(C) NO. 11829 OF 2024
PETITIONER:

              PENNAMMA RAGHAVAN
              AGED 72 YEARS
              WIFE OF LATE RAGHAVAN, KOCHILAMKUNNEL HOUSE, KONGANDOOR
              PO, AYARKUNNAM, KOTTAYAM, PIN - 686564
              BY ADVS.
              ANANTHAKRISHNAN A. KARTHA
              ANIL D.KARTHA
              SURESH G.
              SHARATH ELDO PHILIP
              SREEKUMAR G.
              ANANTHASANKAR A. KARTHA


RESPONDENTS:

     1        SPECIAL SALE OFFICER
              KODIMATHA SCB GROUP, ASST. REGISTRAR (G) OFFICE,
              KOTTAYAM, PIN - 686002
     2        AYARKUNNOM SERVICE CO-OPERATIVE BANK
              AYARKUNNOM, KOTTAYAM REPRESENTED BY ITS SECRETARY, PIN -
              686564
              BY ADVS.
              P.ANTO THOMAS(K/911/2009)



              SRI ANZAR BASHEER-R1


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11829 OF 2024
                                      2

                                JUDGMENT

Even though various allegations, averments and assertions that have been made and urged in this writ petition, when this matter was called today, Sri.Ananthakrishnan A.Kartha - the learned counsel for the petitioner, conceded that his client has suffered an Award in a proceedings before the jurisdictional Joint Registrar, under Section 69 of the Kerala Co-operative Societies Act and that he intends to challenge the same. The learned counsel, therefore, prayed that Exts.P2 and P3 be interdicted for a short while, so as to allow his client "breathing time" to initiate and invoke his available remedies against the Award.

2. The learned Standing Counsel for the respondents - Sri.Anzar Basheer, opposed the WP(C) NO. 11829 OF 2024 3 afore plea saying that nothing stopped the petitioner from invoking remedies against the Award and that he need not have approached this Court to seek any such relief.

3. I must say that there is force in the afore submissions of Sri.Anzar Basheer because, even in the memorandum of this writ petition, the petitioner unequivocally admits that an Award had been issued against him in Arbitration Case No.755/2022. In fact, he has averred that he does not have a copy of the same and that he will produce it as and when it is received by him.

4. It is, therefore, obvious that the petitioner is aware of the Award against him, and as rightly argued by the respondents, does not require any orders from this Court to initiate remedies against it, if he is so advised. WP(C) NO. 11829 OF 2024 4

5. However, that said, since this writ petition has been pending before this Court for some time, I am of the view that the petitioner must be given the benefit of being able to invoke his remedies, without imminent action; for which Exts.P2 and P3 must be interdicted for a short period of time. I record that the learned counsel for the respondent did not oppose this, but sought that the time fixed be short.

In the afore circumstances, I allow this writ petition, without acceding to any of the reliefs sought for by the petitioner; however, ordering that further action pursuant to Exts.P2 and P3 will stand deferred for a period of three weeks from the date of receipt of a copy of this judgment.

I clarify that this is intended only to allow WP(C) NO. 11829 OF 2024 5 the petitioner an opportunity to invoke his remedies against the Award, but that this Court has not entered into the merits of any of the rival contentions and that all of them are left open.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO. 11829 OF 2024 6 APPENDIX OF WP(C) 11829/2024 PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE DATED 04- 05-2015 ISSUED BY THE PALA MUNICIPALITY Exhibit P2 A TRUE COPY OF THE NOTICE DATED 07-02-2024 BEARING NO. 3828/23 ISSUED BY THE 1ST RESPONDENT Exhibit P3 A RUE COPY OF THE NOTICE IN EA NO. 3828/23 DATED 05-03-2024 ISSUED BY THE 1ST RESPONDENT