T.V.Kunhikannan vs Registrar(General)
2024 Latest Caselaw 5757 Ker

Kerala High Court

T.V.Kunhikannan vs Registrar(General) on 20 February, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR.JUSTICE BASANT BALAJI

   TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945

                       W.P.(C) NO.6229 OF 2024

PETITIONER:


          T.V.KUNHIKANNAN, AGED 74 YEARS, S/O. KUNHIKANNAN,
          THAYALE VALAPPIL,PERINGALA,CHITTADI P.O.,
          ALAKKODE VIA, KANNUR DISTRICT, PIN - 670 571
          BY ADVS.
          T.O.DEEPA
          A.AMRUTHA VIDYADHARAN


RESPONDENTS:


    1     REGISTRAR(GENERAL),
          OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETY,
          JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O.,
          TRIVANDRUM, PIN - 695 014
    2     ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETY,
          OFFICE OF THE ASSISTANT REGISTRAR, MAIN ROAD,
          PERUMBA, PAYYANNUR, KANNUR, PIN - 670 307
    3     SALE OFFICER,
          OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE
          SOCIETY, MAIN ROAD, PERUMBA, PAYYANNUR,
          KANNUR, PIN - 670 307
    4     PADIYOTCHAL SERVICE COOPERATIVE BANK
          NO.C1519, PADIYOTCHAL P.O., KANNUR, PIN - 670 351,
          REPRESENTED BY ITS SECRETARY.


          SR. GOVERNMENT PLEADER, SMT. MARY BEENA JOSEPH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                2
WPC. 6229/2024



                                        JUDGMENT

(Dated: 20th February, 2024)

The petitioner has obtained Ext.P1 award from the Co-operative

Arbitration Court (Northern), Kozhikode in ARC No.50 of 2017, by which there

was a direction to the bank to disburse the gratuity amount in full to the

plaintiff, including the period of suspension. Ext.P2 are the orders passed in

the appeals filed by both the petitioner and the bank, respectively, and the

appeals were heard together. The appeal filed by the petitioner was allowed,

and the appeal filed by the 4th respondent was dismissed. In the execution of

the award, Ext.P3 Execution Petition was filed as E.P.No.2053 of 2023 in

Appeal Nos.63 and 74 of 2020.

2. The limited prayer of the petitioner is that the petitioner is aged

74 years, the award was passed in the year 2019, the fruits of the decree are

not available to the petitioner, and he seeks a time-bound disposal of Ext.P3

Execution Petition.

3. Heard counsel on either side.

Therefore, the writ petition is disposed of directing the office of the

Registrar of Co-operative Societies (General), Payyannur, to take up Ext.P3

and, after hearing all the affected parties, make a final decision within a period

of three months from the date of receipt of a copy of the judgment.

Sd/-

BASANT BALAJI, JUDGE ss

APPENDIX OF WP(C) 6229/2024

PETITIONER EXHIBITS:

Exhibit P-1 TRUE COPY OF THE AWARD IN A.R.C.NO.50/2017 DATED 13-11-2019 ON THE FILE OF CO-OPERATIVE ARBITRATION COURT (NORTHERN) KOZHIKODE Exhibit P- 2 TRUE COPY OF THE APPEAL ORDER PASSED BY THE KERALA COOPERATIVE TRIBUNAL THIRUVANANTHAPURAM DATED 30-06-2023 Exhibit P-3 TRUE COPY OF THE EXECUTION PETITION, E.P.NO.2053/2023 IN APPEAL NOS.63/2020 AND 74/2020 DATED 24-11-2023 ON THE FILE OF THE REGISTRAR OF COOPERATIVE SOCIETY (GENERAL) PAYYANNUR