Kerala High Court
Kunjachan @ Vacco vs The Registrar Of Cooperative Societies on 29 February, 2024
Author: V Raja Vijayaraghavan
Bench: V Raja Vijayaraghavan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 8067 OF 2024
PETITIONER:
KUNJACHAN @ VACCO,
AGED 63 YEARS
S/O.THOMMAN, ILLIPARAMBIL HOUSE,
JETTY ROAD, VADUTHALA, ERNAKULAM - 682023,
PIN - 682023
BY ADVS.
SADCHITH.P.KURUP
C.P.ANIL RAJ
SIVA SURESH
RESHMA RAJ
ATHIRA VIJAYAN
B.SREEDEVI
RESPONDENTS:
1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES,
JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION,
THYCAUD P.O, THIRUVANANTHAPURAM,
PIN - 695014
2 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),
OFFICE OF THE ASSISTANT REGISTRAR (G),
ALUVA, KERALA,
PIN - 682012
3 INSPECTOR OF CO-OPERATIVE SOCIETIES
OFFICE OF ASSISTANT REGISTRAR(G)
KANAYANNUR,
PIN - 682312
W.P.(C).8067 of 2024 2
4 SHANMUGHAPURAM CO-OPERATIVE SOCIETIES BANK LTD.NO.511
REPRESENTED BY ITS SECRETARY,
PACHALAM, COCHIN, PIN - 682012
SMT. MABLE C KURIEN, SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C).8067 of 2024 3
JUDGMENT
The petitioner herein is the defendant in A.R.C. No.1493/2015 on the
files of the 2nd respondent. According to the petitioner, though he had engaged
a lawyer to represent him in the proceedings, the counsel did not appear and
contest the proceedings. An ex parte award was passed and it was only when
copy of the execution petition was served on him that he became aware of the
passing of the award. In the said circumstances, he is stated to have preferred
Ext.P2 application to set aside the ex-parte award and P3 application for
condoning the delay. The grievance of the petitoner is that the applications are
not taken up and orders have not been passed. It is on these assertions that
this writ petition is filed seeking issuance of directions to the 2nd respondent to
consider Exts. P2 and P3 applications and take appropriate decisions in
accordance with law.
2. The learned counsel appearing for the petitioners would rely on
the law laid down in Joseph A.R. and Others v. Co-operative Arbitration
Court, Kozhikode1 and Rema Devi v. Joint Registrar (General) of
Co-operative Societies2 and submitted that the 2nd respondent has ample
[2013 KHC 776]
[2016(3) KLT 50]
jurisdiction to consider the applications.
3. Heard the learned Government Pleader. In view of the nature of
the order that I propose to pass, notice to respondents 3 and 4 are dispensed
with.
4. Having considered the submissions advanced, I find that in the
instant case, the application to set aside the ex-parte award is pending
consideration before the concerned respondent. The application is liable to be
considered in the light of the law laid down in Joseph A.R. (supra) and Rema
Devi (supra).
5. This writ petition is disposed of directing the 2nd respondent to
consider and pass orders on Exts.P2 and P3 applications expeditiously, in any
event, within 30 days from the date of receipt of a copy of this judgment.
Till orders are passed, any coercive proceedings, if any, against the
petitioner, in pursuance to Ext.P1 award shall be kept in abeyance. The
petitioner shall produce a copy of the writ petition along with this judgment
before the 2nd respondent to ensure compliance.
SD/-
RAJA VIJAYARAGHAVAN V,
JUDGE
DCS
APPENDIX OF WP(C) 8067/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SUMMONS ISSUED BY THE 3RD
RESPONDENT DATED 9/11/2015
Exhibit P2 A TRUE COPY OF THE PETITION TO SET ASIDE
EXPARTE DATED 23.02.2024
Exhibit P3 A TRUE COY OF THE DELAY PETITION DATED
23.02.2024
