The Titanium Labour Co Operative ... vs Devabhanu David
2023 Latest Caselaw 9978 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
                                &
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  MONDAY, THE 18TH DAY OF SEPTEMBER 2023 / 27TH BHADRA, 1945
                         WA NO.693 OF 2023
       JUDGMENT IN WP(C) 31479/2022 OF HIGH COURT OF KERALA
                          DATED 14.11.2022
                        ------------------
APPELLANTS/RESPONDENTS 4 & 5 IN WPC :-


   1    THE TITANIUM LABOUR CO-OPERATIVE SOCIETY LTD NO T 206
        REPRESENTED BY ITS SECRETARY, KOCHUVELI,
        THIRUVANANTHAPURAM, PIN - 695 021

   2    SECRETARY,
        THE TITANIUM LABOUR CO-OPERATIVE SOCIETY LTD NO T 206
        KOCHUVELI, THIRUVANANTHAPURAM, PIN - 695 021

        BY ADVS.
        SRI.S.CHANDRASEKHARAN NAIR
        S.JAYANT
        JEREES J.
        PRASANTH N.L.


RESPONDENTS/PETITIONER/RESPONDENTS 1 TO 3 IN WPC :-


  1     DEVABHANU DAVID, AGED 61 YEARS
        USHUS, CHEENIVILA, KANJIRAMKULAM P.O,
        THIRUVANANTHAPURAM, PIN - 695 524.

  2     REGISTRAR OF CO-OPERATIVE SOCIETIES
        OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES,
        THIRUVANANTHAPURAM, PIN - 695 001.

  3     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
        OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
        SOCIETIES, THIRUVANANTHAPURAM, PIN - 695 001.

  4     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
        OFFICE OF ASSISTANT REGISTRAR OF CO-OPERATIVE
        SOCIETIES, THIRUVANANTHAPURAM, PIN - 695 004.

        BY ADVS.
        SRI.R.T.PRADEEP (B/O)
 WA NO.693 OF 2023

                               -: 2 :-

        SRI.B.UNNIKRISHNA PILLAI-SR.GP


      THIS   WRIT   APPEAL   HAVING   COME   UP   FOR   ADMISSION   ON
18.09.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WA NO.693 OF 2023

                              -: 3 :-


                          JUDGMENT

Dated this the 18th day of September, 2023

Anu Sivaraman, J.

This writ appeal is preferred against the judgment of the

learned Single Judge directing the consideration of the

execution proceedings preferred by the writ petitioner without

reference to Ext.P11, but subject to every other requirement of

law. There was a direction that the execution proceedings

shall be endeavoured to be completed within six months from

the date of receipt of a copy of the judgment. The judgment

was dated 14.11.2022.

2. It is submitted by the learned counsel for the

appellants that the time limit provided by the learned Single

Judge has expired.

3. The learned counsel appearing for the 1st respondent

would submit that the appellants had preferred an appeal as

against Ext.P2 Award. The said appeal had been considered by

the Appellate Tribunal and the appeal was rejected, against

which, a writ petition has been filed as W.P.(C) No.23769/2023

before this Court. It is submitted that therefore, this appeal WA NO.693 OF 2023

has become infructuous and nothing survives for consideration

in this appeal.

In the above view of the matter, this appeal is closed

leaving open the contentions of the parties to be decided in the

pending writ petition. It is made clear that the time limit

granted by the learned Single Judge for execution having

already expired, the said time limit will not bind the parties.

All other issues are left open.

Sd/-

ANU SIVARAMAN JUDGE

Sd/-

C. JAYACHANDRAN JUDGE

Jvt/ WA NO.693 OF 2023

APPENDIX OF WA 693/2023 PETITIONER ANNEXURES

Annexure A1 A TRUE COPY MINUTES OF MEETING OF 1ST APPELANT DATED 02-04-2013

Annexure A2 COPY OF JUDGMENT OF KERALA LOKAYUKTA IN COMPLAINT NO 1133/2013B &COMPLAINT NO 859/2014B DATED 07-08-2015

Annexure A3 A TRUE COPY OF APPLICATION SUBMITTED BY 1ST APPELLANT BEFORE JOINT REGISTRAR (GENERAL), THIRUVANANTHAPURAM DATED 27-01-2014

Annexure A4 A TRUE COPY OF THE AWARD IN ARC NO 47 OF 2015 DATED 23RD OCTOBER 2018 BEFORE CO OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM

Annexure A5 A TRUE COPY OF JUDGMENT IN APPEAL NO 10/2019 OF KERALA CO OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM DATED 29-06-2019