Kerala High Court
Sudheesh.M vs The Karuvanthiruthy Service ... on 5 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.102 OF 2021(K)
PETITIONER:
SUDHEESH.M
AGED 37 YEARS
MANGADATHIL, THARALAKKATTU VEEDU,
CHUNGAM, FEROKE P.O., KOZHIKODE.
BY ADV. SHRI.SARANGADHARAN P.
RESPONDENTS:
1 THE KARUVANTHIRUTHY SERVICE CO-OPERATIVE BANK
LTD.NO.D 2638, KARUVANTHIRUTHY, FEROKE, KOZHIKODE,
PIN-673 631, REPRESENTED BY ITS SECRETARY.
2 THE ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES,
PUTHIYARA, KOZHIKODE-673 004.
3 THE RETURNING OFFICER/UNIT INSPECTOR,
FEROKE UNIT, OFFICE OF THE ASSISTANT REGISTRAR(G),
PUTHIYARA, KOZHIKODE-673 004.
4 ZAKHARIYA.P.V.,
KUTTIPADI HOUSE, KASHAYAPADI, FEROKE P.O., KOZHIKODE-
673 631.
5 K.M.MUHAMMED BASHEER,
SAHIDA MANZIL, KARUVANTHIRUTHY P.O., FEROKE,
KOZHIKODE-673 631.
6 ANWARALI.K.
KOTHEKKAVIL HOUSE, VAZHAPOTTATHAA, FEROKE P.O.,
KOZHIKODE-673 631.
7 ABDUL SALIM.T.P.
THIYATH HOUSE, FEROKE, KOZHIKODE-673 631.
8 SHAMSUDHEEN PUTTEKKAD,
KOZHISSERY HOUSE, PAREEKONGAL, PUTTEKKAD, FEROKE,
KOZHIKODE-673 631.
W.P(C).102/2021
2
9 ABDUL AZEEZ KOLAKKADAN,
KARANDOTHIL PADONNA VEEDU, KARUVANTHIRUTHY, FEROKE,
KOZHIKODE-673 631.
10 E.K.SHAMEER @ KIZHAKKE THAYYILKUNHUTTY,
ITHIYATTU KOZHAKKA THAYYIL HOUSE, CHUNGAM, FEROKE,
KOZHIKODE-673 631.
11 BINDU.T.,
KOTTUPADATH HOUSE, KARUVANTHIRUTHY, FEROKE,
KOZHIKODE-673 631.
12 ASYA.C.P.
W/O.BASHEER, VANMARATH HOUSE, FEROKE, KOZHIKODE-673
631.
13 NABEESA.N.K.
IRIYAMPADOM, NARAMKUNNATH HOUSE, FEROKE, KOZHIKODE-
673 631.
14 SULAIKHA.T.
V.P.HOUSE, 8/4, FEROKE, KOZHIKODE-673 631.
15 THE KERALA STATE CO-OPERATIVE TRIBUNAL,
BAKERY JUNCTION, PALAYAM, THIRUVANANTHAPURAM-695
034, REPRESENTED BY ITS SECRETARY.
OTHER PRESENT:
SR.GP SRI.BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P(C).102/2021
3
JUDGMENT
Challenging Ext.P5, Ext.P6 appeal was filed before the
Kerala Co-operative Tribunal (Camp Sitting at Calicut),
Thiruvananthapuram. It was taken on file as appeal No.94/2020. It
seems that along with Ext.P6 appeal, Ext.P7 stay petition was also filed.
However, Co-operative Tribunal issued notice on the stay petition and
posted the case to 18.01.2021.
2. The grievance of the petitioner is that, unless the stay is
urgently granted, appeal will become infructuous. It was also
contended that, there is a possibility of new members being enrolled in
the light of Ext.P5 order.
3. Having considered the urgency of the relief sought, I am
inclined to direct the Co-operative Tribunal to take up the stay petition
on 18.01.2021 itself and to pass an order on Ext.P7 on the same day
itself. If an application for advancing Ext.P7 is filed, Tribunal shall try
to take up the matter on the earliest available date and if possible,
advance the hearing to a near date and pass appropriate orders on the
stay petition.
Writ Petition is accordingly disposed of as above.
Sd/-
SUNIL THOMAS
Sbna JUDGE
W.P(C).102/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER IN IA NO.75/2016 IN
ARC NO.56/2016 DATED 30.08.2016 OF THE CO-
OPERATIVE ARBITRATION COURT()NORTHERN)
KOZHIKODE.
EXHIBIT P2 TRUE COPY OF THE ORDER IN IA NO.85/2017 IN
ARC NO.56/2016 DATED 27.01.2018 OF THE CO-
OPERATIVE ARBITRATION COURT (NORTHERN),
KOZHIKODE.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN APPEAL
NO.20/2018 OF THE CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM DATED 15.05.2018.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.27282/2020 DATED 08.12.2020.
EXHIBIT P5 TRUE COPY OF THE ORDER IN IA NO.73/2020 IN
ARC NO.56/2016 DATED 02.12.2020 OF THE CO-
OPRATIVE ARBITRATION COURT(NORTHERN),
KOZHIKODE.
EXHIBIT P6 TRUE COPY OF THE APPEAL NO.94/2020 FILED BY
THE PETITIONER BEFORE THE 15TH RESPONDENT
DATED 29.12.2020.
EXHIBIT P7 TRUE COPY OF THE STAY PETITION IN APPEAL
NO.94/2020 FILED BY THE PETITIONER BEFORE
THE 15TH RESPONDENT DATED 29.12.2020.
