Kerala High Court
Jestus Mathew vs Government Opf Kerala on 5 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 5TH DAY OF APRIL 2022 / 15TH CHAITHRA, 1944
OP(C) NO. 648 OF 2022
(APPEAL NO.C1 48 OF 2022 PENDING BEFORE SECRETARY TO
GOVERNMENT, DEPARTMENT OF CO-OPERATION,
THIRUVANANTHAPURAM DATED 12.01.2022)
PETITIONER/6TH APPELLANT:
JESTUS MATHEW,
AGED 58 YEARS,
S/O MATHEWS NADAVALLY,
NADAVALLIL HOUSE,
CHANDANAPPALLY P.O,
PIN 689648
PATHANAMTHITTA DISTRICT.
BY ADVS.
LIJU.V.STEPHEN
INDU SUSAN JACOB.
RESPONDENTS/RESPONDENTS & APPELLANTS 1 TO 5 & 7:
1 GOVERNMENT OPF KERALA,
REPRESENTED BY THE SECRETARY,
CO-OPERATIVE SOCIETIES DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695033.
2 THE JOINT REGISTRAR (GENERAL),
PATHANAMTHITTA DISTRICT CO-OPERATIVE SOCIETIES,
4TH FLOOR, MINI CIVIL STATION,
KOZHENCHERRY,
PATHANAMTHITTA - 689645.
3 THE CHANDANAPPALLY SERVICE
CO-OPERATIVE BANK LTD,
NO. 2970, CHANDANAPPALLY,
PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS SECRETARY, PIN - 689648.
O.P.(C)No.648 of 2022
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4 MOLLY BABU, KOYIKKALETH VADAKKETHIL,
CHANDANAPPALLI P.O., PIN. 689648,
PATHANAMTHITTA DISTRICT - 689648.
5 SUSAN DANIEL,
KUTTIYIL HOUSE,
CHANDANAPPALLY P.O, PIN. 689648,
PATHANAMTHITTA DISTRICT.
6 K.N. BALAKRISHNAN,
KANNAMPALLIL,
ANGADIKKAL NORTH P.O,
KAIPATTOOR, PATHANAMTHITTA, PIN - 689648.
7 KRISHNANKUTTY NAIR,
PARUMALA,
ANGADIKKAL NORTH P.O,
PATHANAMTHITTA, PIN - 689648.
8 PRASAD,
MUKALILAYYATHU, ANGADIKKAL NORTH P.O,
PATHANAMTHITTA - 689648.
9 JACOB GEORGE,
KUTTIYIL HOUSE,
CHANDANAPPALLY P.O, PIN 689648,
PATHANAMTHITTA DISTRICT.
BY ADV.SR.GP SRI.DENNY DEVASSY.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.648 of 2022
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O.P.(C)No.648 of 2022
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JUDGMENT
This is an original petition filed under Article 227 of
the Constitution of India. The petitioner herein, who is the
appellant in Appeal No.C1 48 of 2022 pending before the first
respondent herein.
2. The prayers in this original petition are as
under;
i. To direct the 1st Respondent to
expeditiously try and dispose the stay petition
filed by the petitioner along with the Appeal No.C1
48/2022 in accordance with law within a time
frame as fixed by this Hon'ble Court.
ii. To direct the 1st Respondent to
expeditiously try and dispose the Appeal No.C1
48/2022 filed by the petitioner in accordance with
law within a time frame as fixed by this Hon'ble
Court and
iii. Such other reliefs that this Hon'ble
O.P.(C)No.648 of 2022
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Court in the facts and circumstances of the case
deems fit and appropriate.
3. The learned Government Pleader appears for
respondents 1 and 2 and not opposed the said prayers.
Having considered the prayers for early disposal, notice to
other respondents stands dispensed with.
4. Therefore, there shall be a direction to the
first respondent to consider early disposal of the appeal itself
on merits at the earliest, at any rate, within a period of 45
days from the date of production or receipt of a copy of this
judgment, or else, the stay petition shall be disposed of within
a period of two weeks.
This original petition stands allowed.
In the meanwhile, coercive steps against the
petitioner shall stand stayed for a period of two weeks from
today and not thereafter.
Sd/-
A.BADHARUDEEN, JUDGE
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O.P.(C)No.648 of 2022
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APPENDIX OF OP(C) 648/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER DATED
20.11.2021 PASSED BY THE 2ND RESPONDENT
UNDER SECTION 68 OF THE CO-OPERATIVE
SOCIETIES ACT.
Exhibit P2 TRUE COPY OF THE APPEAL NO. C1 48/2022
FILED BY THE PETITIONER AND OTHERS
BEFORE THE 1ST RESPONDENT DATED
12.01.2022.
