Kerala High Court
Secretary, Cochin Shipyard Staff ... vs Kerala Co-Operative Tribunal on 1 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WA NO. 452 OF 2022
AGAINST THE ORDER DATED 21.03.2022 IN WP(C)NO.9446/2022 OF HIGH COURT
OF KERALA
APPELLANT/PETITIONER IN W.P(C):
THE SECRETARY
COCHIN SHIPYARD STAFF CO-OPERATIVE HOUSE CONSTRUCTION
SOCIETY LTD. E346, COCHIN SHIPYARD LTD., PERUMANOOR,
KOCHI - 682015
BY ADVS.
C.S.AJITH PRAKASH
T.K.DEVARAJAN
PAUL C THOMAS
FRANKLIN ARACKAL
M.B.SOORI
BABU M.
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA
ANCY THANKACHAN
D.ANIL KUMAR
RESPONDENTS/RESPONDENTS IN W.P(C):
1 KERALA CO-OPERATIVE TRIBUNAL
THIRUVANANTHAPURAM REPRESENTED BY
ITS SECRETARY JAWAHAR SAHAKARANA BHAVAN, VAZHUTHACAUD -
POOJAPPURA ROAD, DPI, THIRUVANANTHAPURAM - 695 014
2 THE ARBITRATOR/
THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL) KANAYANNUR, VALANJAMBALAM,
KOCHI - 682 016.
W.A Nos.452 & 473 of 2022
2
3 MURUKESAN NAIR,
S/O KRISHNAPILLAI, SREEVYSAK (THENGARA VEEDU),
THRIJYOTHIPURAM LANE, ANDOORKKONAM P.O.,
THIRUVANANTHAPURAM - 695584.
4 SREEDEVI AMMA
W/O MURUKESAN NAIR,
SREEVYSAK (THENGARA VEEDU), THRIJYOTHIPURAM LANE,
ANDOORKKONAM P.O, THIRUVANANTHAPURAM - 695584.
SRI T.K.VIPINDAS, SENIOR GOVERNMENT PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.06.2022, ALONG WITH WA.473/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A Nos.452 & 473 of 2022
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN
WEDNESDAY, THE 1ST DAY OF JUNE 2022 / 11TH JYAISHTA, 1944
WA NO. 473 OF 2022
AGAINST THE ORDER DATED 21.03.2022 IN WP(C) 9424/2022 OF HIGH
COURT OF KERALA
APPELLANT/PETITIONER IN W.P(C):
SECRETARY, COCHIN SHIPYARD STAFF CO-OPERATIVE HOUSE
CONSTRUCTION SOCIETY LTD. E 346,
COCHIN SHIPYARD LTD., PERUMANOOR, KOCHI-682 015.
BY ADVS.
C.S.AJITH PRAKASH
D.ANIL KUMAR
T.K.DEVARAJAN
PAUL C THOMAS
BABU M.
ANCY THANKACHAN
NIDHIN RAJ VETTIKKADAN
HAARIS MOOSA
RESPONDENTS/RESPONDENTS IN W.P(C):
1 KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
JAWAHAR SAHAKARANA BHAVAN, VAZHUTHACAUD-POOJAPPURA
ROAD, DPI, THIRUVANANTHAPURAM-695 014.
2 THE ARBITRATOR,
THE ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES
(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES (GENERAL), KANAYANNUR,
VALANJAMBALAM, KOCHI-682 016.
W.A Nos.452 & 473 of 2022
4
3 MURUKESAN NAIR,
S/O.KRISHNAPILLAI, SREEVYSAK (THENGARA VEEDU),
THRIJOTHIPURAM LANE, ANDOORKKONAM P.O.,
THIRUVANANTHAPURAM-695 584.
4 SREEDEVI AMMA,
W/O.MURUKESAN NAIR, SREEVYSAK (THENGARA VEEDU),
THRIJYOTHIPURAM LANE, ANDOORKKONAM P.O.,
THIRUVANANTHAPURAM-695 584.
SRI.T.K.VIPIN DAS, SR.GOVT.PLEADER
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
01.06.2022, ALONG WITH WA.452/2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.A Nos.452 & 473 of 2022
5
ALEXANDER THOMAS & SHOBA ANNAMMA EAPEN, JJ.
=================================
W.A No.452 of 2022
[arising out of the interim order dated
21.03.2022 in W.P(C) No.9446/2022]
&
W.A No.473 of 2022
[arising out of the interim order dated
21.03.2022 in W.P(C) No.9424/2022]
=================================
Dated this the 01st day of June, 2022
JUDGMENT
Alexander Thomas, J.
Both these writ appeals arise out of the impugned common interim
order dated 21.03.2022 rendered by the learned Single Judge in Writ
Petition Civil Nos.9424 & 9446 of 2022. The appellant in each of these
appeals is the petitioner in the W.P(C). The respective contesting
respondents in these appeals are the respective contesting respondents in
the above writ petitions.
2. Heard Sri.C.S.Ajith Prakash, learned counsel appearing for
the appellant in these cases and Sri.T.K.Vipindas, learned Senior
Government Pleader appearing for the State. Notices to respondents 1
& 2 (Co-operative Appellate Tribunal & The Co-operative Arbitration
Court respectively), will stand dispensed with, as those bodies are
adjudicatory fora. Contesting respondents 3 & 4 in these writ appeals
W.A Nos.452 & 473 of 2022
have not entered appearance even at the W.P(C) stage. In the nature of
the orders proposed to be passed by us in these appeals, notices to the
said parties will stand dispensed with.
3. The impugned common interim order rendered by the
learned Single Judge on 21.03.2022 in the instant Writ Petition (Civil),
W.P(C) Nos. 9424 & 9446 of 2022, reads as follows :
"Admit.
Urgent notice by speed post to respondents 3 and 4.
There will be an interim stay of further proceedings in
E.P No.262 of 2020 of Subordinate Judges Court, Eranakulam
for a period of two months on condition that the petitioner
furnishes security for the decree amount to the satisfaction of
the Execution Court within a period of six weeks from today."
It is clear from a reading of the said order that the said order is an
ad-interim ex-parte order passed by the learned Single Judge at the
admission stage of the W.P(C) and before issuance of notice to contesting
respondents 3 & 4. Further, we see that the currency period of the said
interim order dated 21.03.2022, which was upto six weeks therefrom, has
also expired on 05.05.2022. That apart, it is by now well-established by
various decisions of this Court including the Larger Bench decision of
this Court in K.S.Das v. State of Kerala [1992 (2) KLT 354 (LB)] that,
ad-interim orders or interim orders, which cannot be classified as
intermediate orders, cannot be the subject matter of intra-court appeal
W.A Nos.452 & 473 of 2022
under Sec.5(i) of the Kerala High Court Act. This position has been
reiterated by a Division Bench of this Court in other decisions as in
Bharat Petroleum Corporation Ltd. & anr. v. Saju.A.R & Ors.
[2021 (5) KHC 398 (DB)], P.T.Thomas v. Bijo Thomas [2021 (6)
KLT 196 (DB)], etc. The Division Bench of this Court in P.T.Thomas's
case supra [2021 (6) KLT 196 (DB)] has dealt with the various aspects
flowing out from the celebrated decision of the Apex Court in Madhu
Limaye v. State of Maharashtra [(1977) 4 SCC 551], to examine the
meaning of the word 'interlocutory order' in depth, particularly, the
substance and effect of interlocutory order. These aspects have also been
dealt with in a recent judgment of the Division Bench rendered in the
case Thiruvalla East Co-operative Bank Ltd. & anr. v.
K.J.Amminikutty & anr. (judgment dated 17.11.2021 in W.A
No.1510/2021). Suffice to say, since the present impugned order is only
an ad-interim order passed at the admission stage, it is only to be held
that appellate challenge at this stage is not maintainable. Needless to
say, it is open to the appellant to seek for extension and modification of
the interim order. In case, the appellant prefer any modification, it is
open to them to seek extension of the same and modification and it is for
the learned Single Judge to consider those issues. We make it clear that
W.A Nos.452 & 473 of 2022
we have not entered into those aspects while dismissing these appeals as
not maintainable. Accordingly, the above Writ Appeals will stand
dismissed.
Sd/-
ALEXANDER THOMAS
JUDGE
Sd/-
SHOBA ANNAMMA EAPEN
JUDGE
vgd
