Ajithkumar.A vs Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 6020 Ker

Kerala High Court

Ajithkumar.A vs Joint Registrar Of Co-Operative ... on 23 February, 2024

Author: P Gopinath

Bench: P Gopinath

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
    FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                         WP(C) NO. 7191 OF 2024
PETITIONER/S:

          AJITHKUMAR.A
          AGED 47 YEARS
          S/O ANTONY SATHYARAJAN,
          SREEBHAS, TC 9/2428,
          H NO.96A, SREERANGAM LANE,
          THIRUVANANTHAPURAM,
          PIN - 695010
          BY ADV L.RAJESH NARAYAN


RESPONDENT/S:

    1     JOINT REGISTRAR OF CO-OPERATIVE
          SOCIETIES(GENERAL)
          O/O THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          JAWAHAR SAHAKARANA BHAVAN,
          DPI JUNCTION,
          THYCAUD P.O,
          THIRUVANANTHAPURAM,
          PIN - 695014
    2     ASSISTANT REGISTRAR/ARBITRATION
          O/O THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
          JAWAHAR SAHAKARANA BHAVAN,
          DPI JUNCTION,
          THYCAUD P.O,
          THIRUVANANTHAPURAM,
          PIN - 695014
    3     SECRETARY
          ANANTHAPURAM CO-OPERATIVE SOCIETY T 184,
          KAITHAMUKKU, THIRUVANANTHAPURAM,
          PIN - 695024
OTHER PRESENT:

          SMT. C S SHEEJA (SR GP)


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)No.7191 of 2024
                                     2




                             JUDGMENT

The petitioner suffered Ext.P1 ex parte award in

proceedings under Section 69 of the Kerala Co-operative

Societies Act, 1969 before the second respondent.

2. According to the petitioner, he received

Ext.P1 award only on 14.02.2024. It is submitted that the

petitioner immediately filed Ext.P3 application for setting

aside the ex parte award. The petitioner prays that there

may be a direction to the second respondent to consider

and pass orders on Ext.P3 application. He also prays that

further proceedings on Ext.P1 award may be kept in

abeyance, till a decision is taken on Ext.P3 application.

3. Heard the learned Government Pleader also.

4. Having regard to the facts and circumstances

of the case and considering the limited nature of relief now

sought for by the petitioner, this writ petition can be

disposed of without issuing notice to the third respondent.

Accordingly, the writ petition will stand disposed

of, directing the second respondent to consider and pass

orders on Ext.P3 application, after affording an opportunity

of hearing to the petitioner and to the third respondent.

Till orders are passed on Ext.P3, any steps for enforcement

of Ext.P1 award shall remain suspended. The petitioner

shall produce a copy of this writ petition along with the

certified copy of this judgment before the second

respondent for compliance.

Sd/-

GOPINATH P., JUDGE rkj

APPENDIX OF WP(C) 7191/2024

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE AWARD DATED 30.6.2022 IN

Exhibit P2 TRUE COPY OF THE POSTAL COVER EVIDENCING RECEIPT OF EXT.P1 Exhibit P3 TRUE COPY OF THE PETITION DATED 16.2.2024 IN ARC NO. 3423/2022 BEFORE THE 2ND RESPONDENT