Kerala High Court
Annamma Alias Chinnamma vs The Joint Registrar Of Co-Operative ... on 5 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 12291 OF 2024
PETITIONERS:
1 ANNAMMA ALIAS CHINNAMMA, AGED 74 YEARS
W/O.JOB, THOOPARAMBIL, AYYANKUNNU, IRITTI,
KANNUR-, PIN - 670706
2 BENNY JOB, AGED 49 YEARS, S/O.CHINNAMMA, THOOPARAMBIL,
AYYANKUNNU, IRITTI, KANNUR-, PIN - 670706
K.MOHANAKANNAN
D.S.THUSHARA
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(GENERAL),
THAVAKKARA, KANNUR-, PIN - 670002
2 THE SPECIAL SALE OFFICER,
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES, KANNUR-, PIN - 670002
3 THE ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES(GENERAL), NEAR PALAKKAD SWAMI MADAM,
KANNUR-, PIN - 670002
4 IRITTI HOUSE BUILDING CO-OPERATIVE SOCIETY LIMITED
NO.C-891, IRITTI, KANNUR - REPRESENTED BY ITS
SECRETARY, PIN - 670703
5 THE KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM JAWAHAR SAHAKARANABHAVAN,
VAZHUTHACAUD - POOJAPPURA ROAD, DPI,
THIRUVANANTHAPURAM, KERALA REPRESENTED BY ITS
SECRETARY, PIN - 695012
BY ADV CIBI THOMAS
SMT.MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12291 OF 2024
2
JUDGMENT
The learned counsel for the petitioners says that his clients
have been wholly incapacitated for the reason that, even though
he has preferred Ext.P13 statutory Revision before the fifth
respondent - Tribunal, no action has been taken thereon; but
that, in the meanwhile, the official respondents are initiating and
pursuing recovery action against them, as evident from Exts.P11
and P15. They thus pray that the fifth respondent - Tribunal, be
directed to consider Ext.P13 Revision at the earliest; and that,
until such time, all recovery action against them be ordered to be
deferred.
2. However, Sri.Cibi Thomas - learned standing counsel for
the respondent - Bank, submitted that the Award in question was
issued as early as in the year 2019 and that Ext.P13 Revision has
been filed by the petitioners only very recently. He, therefore,
prayed that no indulgence be shown to the petitioners and that
this writ petition be dismissed.
3. Smt.Mable C.Kurian - learned Senior Government
Pleader, submitted that, since the petitioners have already
invoked statutory remedy before the fifth respondent - Tribunal
through Ext.P13, no other reliefs can be sought for by them in
this writ petition.
WP(C) NO. 12291 OF 2024
4. I must say that there is some force in the submissions of
the learned Government Pleader and Sri.Cibi Thomas because,
this Court cannot micro-manage the affairs of the Tribunal; and it
is for the petitioners to move it appropriately and obtain
necessary interim orders. The factum of the Award having been
issued in the year 2019 and Ext.P13 having been filed only
recently, also persuades me not to issue any further orders in
favour of the petitioners, except that they be given some time to
invoke their remedies before the said Tribunal.
5. Resultantly, I dispose of this writ petition, leaving liberty
to the petitioners to move the fifth respondent - Tribunal
appropriately, even for interim orders; for which purpose, I direct
that further coercive action against them be deferred for a period
of one month from the date of receipt of a copy of this judgment.
Needless to say, if no interdictory orders are issued by the
Tribunal in the meanwhile, the official respondents will be at full
liberty to initiate and pursue further recovery action, without
having to obtain any further orders from this Court.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 12291 OF 2024
APPENDIX OF WP(C) 12291/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE PASS
BOOK OF THE 1 ST PETITIONER
Exhibit P2 TRUE COPY OF THE RELEVANT PAGE PASS BOOK OF
THE 1 ST PETITIONER
Exhibit P3 TRUE COPY OF THE DISCHARGE SUMMARY AND
MEDICAL BILLS DATED 4-1-2019
Exhibit P4 TRUE COPY OF THE MEDICAL PRESCRIPTION ISSUED
TO THE 1 ST PETITIONER DATED 13-3-2019
Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE
IDENTITY CARD OF THE 1 ST PETITIONER ISSUED
BY THE AGRICULTURAL OFFICER
Exhibit P6 TRUE COPY OF THE THE CERTIFICATE ISSUED BY
THE VILLAGE OFFICER SHOWING THAT THE 1 ST
PETITIONER IS AN AGRICULTURIST DATED 26-2-
Exhibit P7 TRUE COPY OF THE COMMUNICATION DATED 3-8-
2021 SENT BY THE SENIOR CO-OPERATIVE AUDITOR
Exhibit P8 TRUE COPY OF THE NOTICE TO THE PETITIONERS
IN ARC NO.1449/2019 ISSUED BY THE 1 ST
RESPONDENT DATED 5-11-2019
Exhibit P9 TRUE COPY OF THE NOTICE ISSUED BY THE 2 ND
RESPONDENT TO THE PETITIONERS DATED 21-3-
Exhibit P10 TRUE COPY OF THE JUDGMENT IN WRIT
PETITION(C)NO.15543/2023 DATED 16-11-2023
Exhibit P11 TRUE COPY OF THE COMMUNICATION SENT BY THE 4
TH RESPONDENT TO THE PETITIONER DATED 29-11-
Exhibit P12 TRUE COPY OF THE APPLICATION SUBMITTED BY
THE PETITIONERS FOR CERTIFIED COPY OF THE
AWARD ON 12- 8-2023
WP(C) NO. 12291 OF 2024
Exhibit P13 TRUE COPY OF THE REVISION SUBMITTED BY THE
PETITIONER BEFORE THE 5 TH RESPONDENT KERALA
CO- OPERATIVE TRIBUNAL
Exhibit P14 TRUE COPY OF THE CHALAN RECEIPT DATED 14-3-
Exhibit P15 TRUE COPY OF THE SALE NOTICE PUBLISHED BY
THE BANK DATED 29-2-2024
