Kerala High Court
Vaikom Pallippurathusseri ... vs Kerala Co-Operative Tribunal on 25 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 25TH DAY OF NOVEMBER 2021/4TH AGRAHAYANA, 1943
WA NO. 2158 OF 2019
AGAINST THE JUDGMENT DATED 12.07.2019 IN WP(C) 25018/2017 OF
HIGH COURT OF KERALA
APPELLANT/PETITIONER:
VAIKOM PALLIPPURATHUSSERI SERVICE CO-OPERATIVE BANK
LIMITED NO. 923, VAIKOM, KOTTAYAM, REPRESENTED BY
ITS SECRETARY
BY ADV D.SOMASUNDARAM
RESPONDENTS/RESPONDENTS:
1 KERALA CO-OPERATIVE TRIBUNAL
THIRUVANANTHAPURAM - 695 001
2 ARBITRATOR/INSPECTOR OF CO-OPERATIVE
SOCIETIES
(ARBITRATION & EXECUTION), OFFICE OF THE
ASSISTANT REGISTRAR (GENERAL), VAIKOM,
KOTTAYAM, PIN - 686 141
3 * MANILAL S.
KULLAKKAL GARDENS, T.V. PURAM, VAIKOM,
KOTTAYAM - 686 141.
* DECEASED
ADDL.R4 TO R7 IMPLEADED.
ADDL. P.R.RAJAPPAN,
R4 AGED 79 YEARS,S/O.RAMAN,R/O.PALUVIRUTHIYIL,
MUTHEDETHUKAVU,T.V.PURAM (P.O.),VAIKOM-686
606.
ADDL. BIJUMON P.R.,
R5 AGED 49 YEARS, S/O.P.R.RAJAPPAN,
R/O.PALUVIRUTHIYIL, MUTHEDETHUKAVU,T.V.PURAM
(P.O.),VAIKOM-686 606.
WA NO. 2158 OF 2019
2
ADDL BINDHU P.R.,
. AGED 48 YEARS, D/O.P.R.RAJAPPAN,
R6 R/O.PALUVIRUTHIYIL,MUTHEDETHUKAVU,
T.V.PURAM (P.O.),VAIKOM-686 606.
ADDL CHANDRABABU P.R.,
. AGED 46 YEARS, S/O.P.R.RAJAPPAN,
R7 PALUVIRUTHIYIL,MUTHEDETHUKAVU, T.V.PURAM
(P.O.),VAIKOM-686 606.
ADDITIONAL R4 TO R7 IMPLEADED AS PER ORDER
DATED 09.11.2021 IN I.A.2/21 IN WA
2158/2109.
BY ADVS.
SMT. A.G. ANEETHA
C.ANCHALA
T.K.VIPINDAS,SR.GP
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
25.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WA NO. 2158 OF 2019
3
P.B.SURESH KUMAR & C.S.SUDHA, JJ.
-----------------------------------------------
Writ Appeal No.2158 of 2019
-----------------------------------------------
Dated this the 25th day of November, 2021
JUDGMENT
P.B.Suresh Kumar, J.
The writ appeal is directed against the judgment dated
12.07.2019 in W.P.(C) No.25018 of 2017. The appellant is the
petitioner in the writ petition. Parties and documents are referred to
in this judgment as they appear in the writ petition.
2. The third respondent claimed the benefit of the
Agricultural Debt Waiver and Debt Relief Scheme, 2008 (the Scheme)
on the premise that he is a farmer entitled to the benefit of the
Scheme. The said claim was declined by the petitioner, a Co-
operative Society registered under the Kerala Co-operative Societies
Act, 1969 (the Act) and the decision of the petitioner was affirmed in
a proceedings under Section 69 of the Act. The decision of the
competent authority under Section 69 of the Act was, however,
reversed by the Kerala Co-operative Tribunal as per Ext.P2 judgment
holding that the third respondent is entitled to the benefits of the
Scheme. Ext.P2 order was challenged by the petitioner in the writ
petition. The learned Single Judge took the view that it is on a factual
WA NO. 2158 OF 2019
adjudication that the Tribunal has reversed the decision of the
competent authority under Section 69 of the Act and it may not be
appropriate for this Court to interfere with the same in a proceedings
under Article 226 of the Constitution, unless the decision is per se
arbitrary, and consequently dismissed the writ petition. The petitioner
is aggrieved by the said decision of the learned Single Judge and
hence this appeal.
3. Heard the learned counsel for the appellant as also
the learned counsel for the third respondent.
4. Having regard to the facts and circumstances of the
case as also the order passed by the Kerala Co-operative Tribunal, we
do not find any infirmity in the view taken by the learned Single Judge
that it is not an appropriate case where this Court should undertake
an adjudication on the factual question as to the right of the third
respondent to claim the benefit of the Scheme.
The writ appeal, in the circumstances, is without merits
and the same is, accordingly dismissed.
Sd/-
P.B.SURESH KUMAR
JUDGE
Sd/-
C.S. SUDHA
JUDGE
Mn
