Annamma Varkey vs The Joint Registrar Of ...
2021 Latest Caselaw 13877 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
        TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                       WP(C) NO. 12834 OF 2021
PETITIONER/S:
     1    ANNAMMA VARKEY, AGED 63 YEARS, NALLUKULATHIL HOUSE,
          NARAKATHODU, PUTHUPPALLY P.O., KOTTAYAM DISTRICT.

    2       K.C.MANI, AGED 63 YEARS, KOMADATHU HOUSE, ERIKADU,
            PUTHUPPALLY P.O., KOTTAYAM DISTRICT.

    3       SHERLY KURIAN, AGED 68 YEARS, MANALUMBHAGATHU HOUSE,
            PUTHUPPALLY P.O., KOTTAYAM DISTRICT.

    4       RAMANY T.P., AGED 68 YEARS, PUTHENPURAYIL HOUSE,
            ERAVINALLOOR P.O., KOTTAYAM DISTRICT.

            BY ADVS.
            LIJI J.VADAKKEDAM
            REXY ELIZABETH THOMAS
            RAJEEV JYOTHISH GEORGE
            TOM E. JACOB


RESPONDENT/S:
    1    THE JOINT REGISTRAR OF CO-OPERATIVE SOCEITY (GENERAL)
         KOTTAYAM, OFFICE OF THE JOINT REGISTRAR OF CO-
         OPERATIVE SOCIETY, CIVIL STATION, KOTTAYAM, PIN-686502.

    2       THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (PLANNING),
            KOTTAYAM, OFFICE OF THE JOINT REGISTRAR OF CO-
            OPERATIVE SOCIETIES (GENERAL), CIVIL STATION,
            KOTTAYAM-686502.

    3       THE ADHYAPAKA URBAN CO-OPERATIVE BANK LTD. NO.794,
            PUTHUPPALLY P.O., KOTTAYAM DISTRICT, PIN-686011,
            REPRESENTED BY ITS GENERAL MANAGER.

            SR.GP.BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, ALONG WITH WP(C).12836/2021 & W.P.(C).NO.12747/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12834 OF 2021, WP(C) NO. 12836 OF 2021
& WP(C) NO. 12747 OF 2021
                             2

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                    WP(C) NO. 12836 OF 2021
PETITIONER/S:
    1     P.K.JOSEPH, AGED 66 YEARS, S/O. KORAH JOSEPH,
          PUNNAMOOTTIL HOUSE, PUTHUPPALLY P.O.,
          KOTTAYAM DISTRICT.

    2     THOMAS P.J., AGED 64 YEARS, PADINJAREKKUNNU,
          PUTHUPPALLY P.O., KOTTAYAM DISTRICT.

    3     T.T.CHACKO, AGED 64 YEARS, THOPPIL HOUSE,
          MANARCADU P.O., KOTTAYAM DISTRICT.

          BY ADVS.
          LIJI J.VADAKEDOM
          REXY ELIZABETH THOMAS
          RAJEEV JYOTHISH GEORGE


RESPONDENT/S:
    1    THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY
         (GENERAL), KOTTAYAM, OFFICE OF THE JOINT REGISTRAR
         OF CO-OPERATIVE SOCIETY, CIVIL STATION, KOTTAYAM,
         PIN-686502.

    2     THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (PLANNING), KOTTAYAM, OFFICE OF THE JOINT REGISTRAR
          OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION,
          KOTTAYAM-686502.

    3     THE ADHYAPAKA URBAN CO-OPERATIVE BANK LTD. NO.794
          PUTHUPPALLY P.O., KOTTAYAM DISTRICT, PIN-686011,
          REPRESENTED BY ITS GENERAL MANAGER.

          SR.GP.BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2021, ALONG WITH WP(C).12834/2021 & WP(C).12747/2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12834 OF 2021, WP(C) NO. 12836 OF 2021
& WP(C) NO. 12747 OF 2021
                             3


          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
          THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                   WP(C) NO. 12747 OF 2021
PETITIONER/S:

    1    T.C.CHACKO, AGED 61 YEARS
         VETTATHU HOUSE, PUTHUPPALLY P.O. KOTTAYAM DISTRICT.

    2    SUSAN KURIAN, tHAMARASSERIL HOUSE, ERAVINALLOOR
         P.O. KOTTAYAM DISTRICT.

    3    V.T. MURALIKUMAR, KUNNACKAL HOUSE, PERUMBAIKKADU
         P.O. KOTTAYAM DISTRICT.

         BY ADVS.
         LIJI.J.VADAKEDOM
         REXY ELIZABETH THOMAS


RESPONDENT/S:

    1    THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETY
         (GENERAL)-KOTTAYAM
         OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
         SOCIETY, CIVIL STATION, KOTTAYAM 686 502.

    2    THE ASSISTANT REGISTRAR
         OF CO-OPERATIVE SOCIETIES, (PLANNING ) KOTTAYAM,
         OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
         SOCIETIES (GENERAL),
         CIVIL STATION, KOTTAYAM 686 502.

    3    THE ADHYAPAKA URBAN CO-OPERATIVE BANK LTD.,
         NO. 794, PUTHUPPALLY P.O. KOTTAYAM DISTRICT 686 011,
         REPRESENTED BY ITS GENERAL MANAGER.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.07.2021, ALONG WITH WP(C).12834/2021 & WP(C).12836/2021
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12834 OF 2021, WP(C) NO. 12836 OF 2021
& WP(C) NO. 12747 OF 2021
                             4



                             JUDGMENT

The petitioners are the plaintiffs in ARC Nos. 134/2017,

135/2017, 136/2017, 137/2017, 138/2017, 139/2017,

140/2017, 141/2017, 142/2017 and 143/2017, all pending

before the Assistant Registrar of Co-operative Societies

(Planning), Kottayam (Arbitrator). The grievance of the

petitioners is that, though the evidence of the plaintiffs was

recorded in all the ARCs and records on their part were

produced, further proceedings got delayed, due to one reason

or another. The petitioners seek for an early disposal of the

above ARCs.

2. The learned senior Government Pleader on

instructions submitted that the delay was caused due to the

existing pandemic situation, since the recording of evidence and

production of documents are required. Having evaluated the

entire facts, I am inclined to dispose of the Writ Petitions itself

with a direction that the second respondent shall take up and

complete the trial and dispose of all the ARCs as expeditiously

as possible, at any rate, within a period of six months from the WP(C) NO. 12834 OF 2021, WP(C) NO. 12836 OF 2021 & WP(C) NO. 12747 OF 2021

date of receipt of a copy of this judgment.

Writ Petitions are disposed of.

Sd/-

SUNIL THOMAS, JUDGE

R.AV WP(C) NO. 12834 OF 2021, WP(C) NO. 12836 OF 2021 & WP(C) NO. 12747 OF 2021

APPENDIX OF WP(C) 12834/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 THE COPY OF THE ARC 140/2017 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

Exhibit P1(A) THE COPY OF THE ARC 141/2017 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

Exhibit P1(B) THE COPY OF THE ARC 142/2017 FILED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

Exhibit P1(C) THE COPY OF THE ARC 143/2017 FILED BY THE 4TH PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

Exhibit P2 THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO.140/2017.

Exhibit P2(A) THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO.141/2017.

Exhibit P2(B) THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO.142/2017.

Exhibit P2(C) THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO.143/2017.

Exhibit P3 THE COPY OF THE ORDER DATED 26.9.2018 PASSED BY THE 2ND RESPONDENT UPHOLDING THE MAINTAINABILITY OF EXHIBIT P1, P1(A), P1(B) AND P1(C) CASES.

THE COPY OF THE ORDER DATED 06.06.2019 IN EXHIBIT P4 REVISION PETITION NO.100/2018 BEFORE THE KERALA CO-OPERATIVE TRIBUNAL.

RESPONDENT'S/S
EXHIBITS            NIL

WP(C) NO. 12834 OF 2021, WP(C) NO. 12836 OF 2021 & WP(C) NO. 12747 OF 2021

APPENDIX OF WP(C) 12836/2021

PETITIONER'S/S EXHIBITS THE COPY OF THE ARC 134/2017 FILED BY THE EXHIBIT P1 1ST PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

EXHIBIT P1(A) THE COPY OF THE ARC 135/2017 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

EXHIBIT P1(B) THE COPY OF THE ARC 136/2017 FILED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

EXHIBIT P2 THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO.134/2017.

EXHIBIT P2(A) THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO.135/2017.

EXHIBIT P2(B) THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO.136/2017.

EXHIBIT P3 THE COPY OF THE ORDER DATED 26.9.2018 PASSED BY THE 2ND RESPONDENT UPHOLDING THE MAINTAINABILITY OF EXHIBIT P1, P1(A), P1(B) AND P1(C) CASES.

Exhibit P4 THE COPY OF THE ORDER DATED 6.6.2019 IN REVISION PETITION NO.100/2018 BEFORE THE KERALA CO-OPERATIVE TRIBUNAL.

RESPONDENT'S/S NIL EXHIBITS WP(C) NO. 12834 OF 2021, WP(C) NO. 12836 OF 2021 & WP(C) NO. 12747 OF 2021

APPENDIX OF WP(C) 12747 2021

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF THE ARC 137/2017 FILED BY THE 1ST PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

EXHIBIT P1(A) THE COPY OF THE ARC 138/2017 FILED BY THE 2ND PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

EXHIBIT P1(B) THE COPY OF THE ARC 139/2017 FILED BY THE 3RD PETITIONER BEFORE THE 1ST RESPONDENT (NOW PENDING BEFORE THE 2ND RESPONDENT).

EXHIBIT P2 THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO. 137/2017.

EXHIBIT P2(A) THE COPY OF THE WRITTEN STATEMENT FILED BY THE 3RD RESPONDENT IN ARC NO. 138/2017.

EXHIBIT P3 THE COPY OF THE ORDER DATED 26.9.2018 PASSED BY THE 2ND RESPONDENT UPHOLDING THE MAINTAINABILITY OF EXHIBIT P1 , P1(A) AND P1 (B), CASES.

EXHIBIT P4 THE COPY OF THE ORDER DATED 6.6.2019 IN REVISION PETITION NO. 100/2018 BEFORE THE KERALA CO-OPERATIVE TRIBUNAL.

RESPONDENT'S/S EXHIBITS             NIL