Paily Ulahannan vs Registrar Of Co-Operative ...
2023 Latest Caselaw 6052 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                       WP(C) NO. 39639 OF 2022
PETITIONER:

          PAILY ULAHANNAN
          AGED 92 YEARS
          SON OF ULAHANNAN, ORAVALAKUDIYIL HOUSE,
          KEERAMPARA KARA, KEERAMPARA VILLAGE,
          ERNAKULAM DISTRICT, PIN - 686681.
          BY ADV PEEYUS A.KOTTAM


RESPONDENTS:

    1     REGISTRAR OF CO-OPERATIVE SOCIETY
          OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
          JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
          THYCAUD (P.O), KERALA, PIN - 695014
    2     SPECIAL SALE OFFICER
          KOTTAPPADY SERVICE CO-OPERATIVE BANK GROUP,
          OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE
          SOCIETIES (GENERAL), KOTHAMANGALAM, PIN - 686691
    3     KEERAMPARA SERVICE CO-OPERATIVE BANK LTD. NO.214
          KEERAMPARA, KOTHAMANGALAM, PIN - 686691
          REPRESENTED BY SECRETARY GEORGE K.C.
    4     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
          (GENERAL), KOTHAMANGALAM, KUROOR,
          KERALA, PIN - 686691
          BY ADV P.V.BABY


OTHER PRESENT:

          SMT MABLE C KURIAN-SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39639 OF 2022              2

                                JUDGMENT

The singular prayer of the petitioner is that 2 nd respondent be

directed to consider Ext.P4 petition, preferred by him to set aside

Ext.P2 ex-parte Award, along with Ext.P5 application for

condonation of delay in filing the same, within a time frame to be

fixed by this Court.

2. Sri.P.V.Baby, learned counsel for the 3 rd respondent -

Society and the learned Senior Government Pleader - Smt.Mable

C.Kurian, appearing for the official respondents, submitted that if

the petitioner only requires Exts.P4 and P5 to be decided in terms

of law, there is no legal impediment in doing so; but prayed that

this Court make no affirmative declarations on his entitlement to

any relief.

3. Smt.Mable C.Kurian - learned Senior Government Pleader

added that, in fact, the question whether an ex-parte Award is

capable of being set aside by the 2nd respondent and whether the

delay in filing Ext.P4 application can be condoned by it, are

matters which the said Authority will have to take a decision as per

law .

4. When I consider the afore submissions, it is without doubt

that this Court cannot enter into the merits of the claims of the

petitioner, as voiced in Exts.P4 and P5, at the first instance. This

has to be certainly decided by the 2nd respondent, after hearing

both sides.

Resultantly, I allow this writ petition to the limited extent of

directing the 2nd respondent to take up Exts.P4 ad P5 applications

and dispose of the same, after hearing the petitioner, the

authorized officer of the 3rd respondent - Society and any other

person who may be interested; thus culminating in an appropriate

order and necessary action thereon, as expeditiously as is possible,

but not later than two months from the date of receipt of a copy of

this judgment.

To obtain an expeditious compliance of the afore directions, I

allow the petitioner to produce a certified copy of this judgment,

along with copy of the writ petition, before the 2 nd respondent; and

the time frame above will run from that date.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/9.6

APPENDIX OF WP(C) 39639/2022

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE NOTICE SERVED ON THE PETITIONER FROM THE MUNSIFF COURT, KOTHAMANGALAM DATED 13.10.2021 Exhibit P2 THE TRUE TYPED COPY OF EX-PARTE AWARD PASSED BY THE 2ND RESPONDENT IN ARC NO. 1710/2017 FILED BY THE 3RD RESPONDENT AGAINST THE PETITIONER Exhibit P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM MALANKARA ORTHODOX SYRIAN CHURCH MEDICAL COLLEGE HOSPITAL, KOLENCHERY DATED 09.06.2022 Exhibit P4 THE TRUE COPY OF THE PETITION TO SET ASIDE EX-PARTE AWARD Exhibit P5 TRUE COPY OF THE PETITION TO CONDONE THE DELAY Exhibit P6 TRUE COPY OF THE LETTER DATED 26.06.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT SOCIETY Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 26.11.2014 SUBMITTED BY THE PETITIONER BEFORE THE STATE GOVERNMENT Exhibit P8 THE TRUE COPY OF THE CIRCULAR NO.

32/2021 DATED 13/08/2021 Exhibit P9 THE TRUE COPY OF THE LETTER ISSUED BY THE JOINT REGISTRAR COOPERATIVE SOCIETIES DATED 11.06.2018