Kerala High Court
Gopalakrishnan V M 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. 12732 OF 2024
PETITIONER:
GOPALAKRISHNAN V M,
AGED 59 YEARS
S/O MAMI, VALLUPARAMBIL HOUSE EDATHIRINJI PO, THRISSUR
DISTRICT., PIN - 680122
BY ADVS.
V.M.KRISHNAKUMAR
P.R.REENA
RESPONDENTS:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680003
2 THE ARBITRATOR/ASSISTANT REGISTRAR
EDATHIRINJI SERVICE CO-OPERATIVE BANK ASSISTANT REGISTRAR'S
OFFICE MUKUNDAPURAM, SAHAKARA NAGAR, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680001
3 SPECIAL SALE OFFICER
EDATHIRINJI SERVICE CO-OPERATIVE BANK ASSISTANT REGISTRAR'S
OFFICE, MUKUNDAPURAM, SAHAKARA NAGAR, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680001
BY ADV M.SASINDRAN
OTHER PRESENT:
SMT.C.S.SHEEJA, 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. 12732 OF 2024
2
JUDGMENT
The limited plea of the petitioner as made by his learned
counsel Sri.V.M.Krishnakumar is that the second respondent -
Arbitrator be directed to afford him a copy of the award. The
learned counsel submitted that his client has already made
application for such purpose through Ext.P10 series; and
therefore, reiteratingly prayed that the second respondent be
directed to act upon it, so that his client can then invoke his
alternative remedies against the award.
2. Sri.M.Sasindran, learned counsel appearing for the
third respondent, submitted that though his client does not stand
in the way of the afore request being granted, it may be clarified
that the sale officer is not interdicted from continuing further
recovery action as per the award.
3. Smt.C.S.Sheeja, the learned Senior Government
Pleader, also affirmed that if Ext.P10 series are pending, the same
will be considered and necessary action taken thereon, including
for issuance of the awards as may be entitled to the petitioner
without any avoidable delay.
In the above circumstances, I dispose of the writ petition
with the following directions:
WP(C) NO. 12732 OF 2024
(a) The second respondent is directed to take up Ext.P10
series applications and dispose of the same; thus leading to
necessary action thereon, including the issuance of award if so
entitled to the petitioner, within a period of two weeks from the
date of receipt of a copy of this judgment.
(b) Until such time the afore is done and the resultant
order/award communicated to the petitioner, recovery action
pursuant to the impugned awards, shall stand deferred; however,
clarifying that the third respondent will, thereupon, be allowed to
continue in such action subject to law, following due procedure.
(c) It goes without saying that, this is without prejudice to
the right of the petitioner to invoke their alternative remedies; for
which purpose, all contentions are left open.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 12732 OF 2024
APPENDIX OF WP(C) 12732/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE NOTICE DATED 01.03.2024 TO MEASURE THE
PROPERTY ALONG WITH THE NOTICE IN FORM NO 8 UNDER RULE
81(E)OF THE RULES IN EP 1051 OF 2019 IN ARC 2949 OF 2018
Exhibit P2 TRUE COPY OF THE NOTICE DATED 01.03.2024 TO MEASURE THE
PROPERTY ALONG THE NOTICE IN FORM NO 8 UNDER RULE 81(E) OF
THE RULES IN EP 1052 OF 2019 IN ARC 2950 OF 2018
Exhibit P3 TRUE COPY OF THE NOTICE IN FORM NO 8 UNDER RULE 81(E) OF
THE RULES IN EP 1053 OF 2019 IN ARC 2951 OF 2018 FOR SALE
OF 15 CENTS OF PROPERTY IN SY NO 362/2 OF EDATHIRINJI
VILLAGE DATED 23.02.2024
Exhibit P4 TRUE COPY OF THE NOTICE DATED 10.01.2024 IN FORM 2 UNDER
RULE 74 (3) OF THE RULES IN EP NO 298 OF 2020 IN ARC NO
1103 OF 2019 FOR ATTACHMENT OF 18 CENTS OF PROPERTY IN SY
NO 218/2 OF EDATHIRINJI VILLAGE ALONG WITH NOTICE TO PAY
BALANCE AMOUNT DATED 12.02.2024
Exhibit P5 TRUE COPY OF THE NOTICE TO ATTACH THE PROPERTY DATED
10.01.2024 WITH NOTICE TO MEASURE THE PROPERTY NOTICE
ALONG WITH NOTICE IN FORM NO 8 UNDER RULE 81(E) OF THE
RULES IN EP 327 OF 2020 IN ARC 1144 OF 2019 FOR SALE OF
98.5 CENTS OF PROPERTY IN SY NO 734/1 OF EDATHIRINJI
VILLAGE ALONG WITH NOTICE TO ATTACH THE PROPERTY DATED
10.01.2024 AND NOTICE TO MEASURE THE PROPERTY
Exhibit P6 TRUE COPY OF THE NOTICE IN FORM NO 2 UNDER RULE 74(3) OF
THE RULES IN EP 328 OF 2020 IN ARC 1145 OF 2019 FOR
ATTACHMENT OF 98.5 CENTS OF PROPERTY IN SY NO 734/1 OF
EDATHIRINJI VILLAGE DATED 12.02.2024
Exhibit P7 TRUE COPY OF THE NOTICE IN FORM NO 8 UNDER RULE 81(E) OF
THE RULES IN EP 330 OF 2020 IN ARC 1147 OF 2019 FOR SALE
OF 98.5 CENTS OF PROPERTY IN SY NO 734/1 OF EDATHIRINJI
VILLAGE DATED 23.02.2024
Exhibit P8 TRUE COPY OF THE NOTICE DATED 01.12.2023 IN ARC 4426 OF
2023 ISSUED BY THE ARBITRATOR
Exhibit P9 TRUE COPY OF THE NOTICE DATED 01.12.2023 IN ARC 4427 OF
2023 ISSUED BY THE ARBITRATOR
Exhibit P10 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO
THE 2ND RESPONDENT DATED 18.03.2024 FOR PROVIDING
DOCUMENTS IN ARC.NO.4427/2023
Exhibit TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO
P10(a) THE 2ND RESPONDENT DATED 18.03.2024 FOR PROVIDING
DOCUMENTS IN ARC.NO.4426/2023
WP(C) NO. 12732 OF 2024
Exhibit TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO
P10(b) THE 2ND RESPONDENT DATED 18.03.2024 FOR PROVIDING
Exhibit TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO
P10(c) THE 2ND RESPONDENT DATED 18.03.2024 FOR PROVIDING
DOCUMENTS
Exhibit TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO
P10(d) THE 2ND RESPONDENT DATED 18.03.2024 FOR PROVIDING
Exhibit TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO
P10(e) THE 2ND RESPONDENT DATED 18.03.2024 FOR PROVIDING
Exhibit TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO
P10(f) THE 2ND RESPONDENT DATED 18.03.2024 FOR PROVIDING
Exhibit TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER TO
P10(g) THE 2ND RESPONDENT DATED 18.03.2024 FOR PROVIDING
DOCUMENTS IN ARC.NO.2950/2018
Exhibit P11 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER
DATED 20.03.2024
