Suslovu A vs The Kodumon Service Co-Operative ...
2024 Latest Caselaw 10619 Ker

Kerala High Court

Suslovu A vs The Kodumon Service Co-Operative ... on 11 April, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                        WP(C) NO. 12493 OF 2024
PETITIONER/S:

          SUSLOVU A
          AGED 61 YEARS
          S/O ACHUTHAN, CHIRAKAROTTU VEEDU, AICKADU, KODUMON P.O
          & VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN -
          691555
          BY ADVS.
          MANU RAMACHANDRAN
          M.KIRANLAL
          T.S.SARATH
          R.RAJESH (VARKALA)
          SAMEER M NAIR
          SAILAKSHMI MENON
          JOTHISHA K.A.
          SHIFANA M.


RESPONDENT/S:

    1     THE KODUMON SERVICE CO-OPERATIVE SOCIETY NO.2592
          KODUMON, KODUMON P.O, ADOOR TALUK, PATHANAMTHITTA
          DISTRICT, REPRESENTED BY ITS SECRETARY, PIN - 691555
    2     THE SECRETARY
          KODUMON SERVICE CO-OPERATIVE SOCIETY NO.2592, KODUMON,
          KODUMON P.O, ADOOR TALUK, PATHANAMTHITTA DISTRICT, PIN
          - 691555
    3     THE ASST. REGISTRAR (GENERAL) OF CO-OPERATIVE
          SOCIETIES/ARBITRATOR
          OFFICE OF ASST. REGISTRAR (GENERAL) OF CO-OPERATIVE
          SOCIETIES, ADOOR, PATHANAMTHITTA DISTRICT, PIN - 691523
          SMT. MABLE C. KURIAN, SR.GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 12493 OF 2024

                                             2

                                       JUDGMENT

The petitioner singularly seeks the 3rd

respondent be directed to be taken up Ext.P1

Arbitration Case and dispose of it within a time

frame.

2. Even though the petitioner says that he

has taken up notice to respondents 1 and 2 by e-

mail and its memo incorporated, there is no

appearance on their behalf, nor are they

represented through counsel.

3. Learned Government Pleader Smt.Mable

C.Kurian, on behalf of the 3rd respondent,

submitted that, if Ext.P1 Arbitration Case is

still pending, then there is no legal impediment

in the said Authority disposing of on its merits,

adverting to Ext.P5 earlier order; but prayed that

this Court make no affirmative declarations on the

entitlement of the petitioner to any relief and

leave it to be decided by the said authority as

per law.

4. Adverting to the afore submissions, I WP(C) NO. 12493 OF 2024

allow this writ petition and direct the 3rd

respondent to complete proceedings in

A.R.C.No.683/1998-which is stated to have been

remanded to the said Authority through Ext.P5

order; thus, culminating in an appropriate final

order and action thereon, after affording

necessary options to both sides, as expeditiously

as possible, but not later than 6 months from the

date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE Mn WP(C) NO. 12493 OF 2024

APPENDIX OF WP(C) 12493/2024

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN ARC NO.683/1998 ON THE FILES OF 3RD RESPONDENT FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONER Exhibit P2 THE TRUE COPY OF THE AWARD DATED 15.10.2003 IN ARC NO.683/1998 PASSED BY 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE ORDER DATED 25.08.2008 IN REVISION NO.20/2004 ON THE FILES OF KERALA COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P4 THE TRUE COPY OF THE AWARD DATED 23.07.2014 IN ARC NO.683/1998 PASSED BY THE 3RD RESPONDENT Exhibit P5 THE TRUE COPY OF THE JUDGMENT DATED 31.01.2015 IN APPEAL NO.82/2014 OF KERALA COOPERATIVE TRIBUNAL, THIRUVANANTHAPURAM