Kerala High Court
Karthikayan vs The Joint Registrar For Co Operative ... on 13 June, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 13TH DAY OF JUNE 2024 / 23RD JYAISHTA, 1946
WP(C) NO. 17522 OF 2023
PETITIONERS:
1 KARTHIKAYAN, AGED 54 YEARS
S/O SHANKU, KALLUPALATHINGAL HOUSE, THIKATTUSSERY
DESOM, EDAKKUNNI VILLAGE, THRISSUR., PIN - 680306
2 BEENA, AGED 50 YEARS
W/O KARTHIKAYAN, KALLUPALATHINGAL HOUSE, THIKATTUSSERY
DESOM, EDAKKUNNI VILLAGE, THRISSUR, PIN - 680306
BY ADV RAJESH CHAKYAT
RESPONDENTS:
1 THE JOINT REGISTRAR FOR CO OPERATIVE SOCIETY (GENERAL)
COLLECTORATE, CIVIL LINE, AYYANTHOL, THRISSUR - 680003
2 THE ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETY( GENERAL), THRISSUR, PIN - 680003
3 THE SPECIAL SALES OFFICER
OFFICER OF THE ASSISTANT REGISTRAR OFFICE (GENERAL),
KUTTANELLOOR SCB GROUP, THRISSUR, PIN - 680014
4 KUTTANELLOOR SERVICE CO OPERATIVE BANK LTD NO.758
KUTTANELLOOR .P.O., THRISSUR, REPRESENTED BY ITS
SECRETARY, PIN - 680014
BY ADV P.N.MOHANAN
SMT.C.S.SHEEJA, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.06.2024, ALONG WITH WP(C).17361/2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17522 OF 2023 & con.cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 13TH DAY OF JUNE 2024 / 23RD JYAISHTA, 1946
WP(C) NO. 17361 OF 2023
PETITIONERS:
1 KARTHIKAYAN, AGED 54 YEARS
S/O SHANKU, KALLUPALATHINGAL HOUSE, THIKATTUSSERY
DESOM, EDAKKUNNI VILLAGE, THRISSUR., PIN - 680306
2 KEERTHANA, AGED 28 YEARS
D/O KARTHIKAYAN, KALLUPALATHINGAL HOUSE,
THIKATTUSSERY DESOM, EDAKKUNNI VILLAGE,
THRISSUR., PIN - 680306
BY ADV RAJESH CHAKYAT
RESPONDENTS:
1 THE JOINT REGISTRAR FOR CO OPERATIVE SOCIETY
(GENERAL), COLLECTORATE, CIVIL LINE, AYYANTHOL,
THRISSUR, PIN - 680003
2 THE ASSISTANT REGISTRAR OF CO OPERATIVE
SOCIETY( GENERAL), THRISSUR, PIN - 680003
3 THE SPECIAL SALES OFFICER, KUTTANELLOOR SCB
GROUP, OFFICER OF THE ASSISTANT REGISTRAR OFFICE
(GENERAL), THRISSUR, PIN - 680014
4 KUTTANELLOOR SERVICE CO OPERATIVE BANK LTD NO.758
KUTTANELLOOR .P.O., THRISSUR PIN, PIN - 680014
BY ADV P.N.MOHANAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.06.2024, ALONG WITH WP(C).17522/2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17522 OF 2023 & con.cases
3
JUDGMENT
[WP(C) Nos.17522/2023, 17361/2023]
The petitioners say that they have suffered two ex parte
Awards issued by the competent Arbitrator, under the provisions
of the Kerala Co-operative Societies Act (for short 'the KCS
Act'), on the applications preferred by the Kuttanelloor Service
Co-operative Bank Ltd. (for short 'the Bank'). They say that
they moved applications for having the said Awards set aside,
but when it was not considered, they approached this Court and
obtained judgments in W.P.(C) No.3941/2023 and connected
case. They say that the Arbitrator has now dismissed the same,
through the orders impugned in these writ petitions; and thus
pray that the said orders be set aside and the Arbitrator be
directed to reconsider the ARCs afresh.
2. However, in response to the afore submissions of
Sri.Rajesh Chakya - learned counsel for the petitioners,
Sri.P.N.Mohanan - learned standing counsel for the respondent
- Bank, vehemently argued that these writ petitions are not
maintainable because, the impugned orders, as well as the
original Award, are amenable only to an appellate challenge
under Section 82 before the Kerala Co-operative Tribunal. He,
WP(C) NO. 17522 OF 2023 & con.cases
therefore, prayed that this Court not enter into the merits of any
of the rival contentions because, without the petitioners having
exhausted the afore remedy, they could not have approached
this Court.
3. Smt.C.S.Sheeja - learned Senior Government Pleader,
also contended that these writ petitions are not maintainable
because, the impugned orders and Awards can be challenged
only through the afore mechanism.
4. I certainly find force in the afore submissions; but since
these writ petitions were admitted by this Court as early as in
May, 2023 and has remained on file without interim orders; and
since, in the meanwhile, the rigor of limitation has intervened,
the petitioners must be reserved liberty to invoke their appellate
remedy, without the said rigor. Otherwise, it will be enjoined
for this Court to decide the merits, since the alternative remedy
would stand frustrated.
5. I, therefore, put it to Sri.P.M.Mohanan - learned
standing counsel for the Bank, who submitted that if this Court
is inclined to allow the petitioners to invoke their appellate
remedies, then it may be directed to be done within the shortest
period of time; and added that, in such event, the contention of
WP(C) NO. 17522 OF 2023 & con.cases
limitation would not be pressed by his client.
6. The learned Government Pleader also affirmed the afore.
7. In the afore circumstances, I dismiss these writ
petitions, finding that the proper remedy for the petitioners is
to approach the competent Tribunal, under the provisions of the
KCS Act.
That said, to enable the petitioners to invoke their
alternative remedies, I order, with the consent of both sides,
that they can file the appeal within a period of two weeks from
the date of receipt of a copy of this judgment, in which event, it
will be construed as having been filed within time; and the
Appellate Authority will then dispose of the matter as per law,
after affording necessary oppo.rtunities to both sides, without
any avoidable delay, but not later than six months thereafter.
Sd/- DEVAN RAMACHANDRAN
JUDGE
stu
WP(C) NO. 17522 OF 2023 & con.cases
APPENDIX OF WP(C) 17361/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AWARD IN ARC 3159/2021
DATED 14.01.2022
Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE 4TH
RESPONDENT DATED 13.12.2022
Exhibit P3 A TRUE COPY OF THE PETITION DATED
06.01.2023 TO SET ASIDE EXPARTE AWARD FILED
IN A.R.C.NO. 3159/2021 BEFORE THE 3RD
RESPONDENT
Exhibit P4 A TRUE COPY OF THE PETITION DATED
06.01.2023 FOR CONDONE THE DELAY IN FLING
PETITION TO SET ASIDE EXPARTE AWARD IN
A.R.C.NO.3159/2021 BEFORE THE 3RD
RESPONDENT
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED
08.02.2023 IN W.P.C.NO.3941/2023
Exhibit P6 A TRUE COPY OF THE ORDER UNDATED PASSED BY
THE 3RD RESPONDENT IN A.R.C.NO.3159/2021
WP(C) NO. 17522 OF 2023 & con.cases
APPENDIX OF WP(C) 17522/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AWARD IN ARC 3160/2021
DATED 14.01.2022
Exhibit P2 A TRUE COPY OF THE NOTICE ISSUED BY THE
4TH RESPONDENT DATED 13.12.2022
Exhibit P3 A TRUE COPY OF THE PETITION DATED
06.01.2023 TO SET ASIDE EXPARTE AWARD
FILED IN A.R.C.NO. 3160/2021 BEFORE THE
2ND RESPONDENT
Exhibit P4 A TRUE COPY OF THE PETITION DATED
06.01.2023 FOR CONDONE THE DELAY IN FLING
PETITION TO SET ASIDE EXPARTE AWARD IN
A.R.C.NO.3160/2021 BEFORE THE 2ND
RESPONDENT
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED
08.02.2023 IN W.P.C.NO.3918/2023
Exhibit P6 A TRUE COPY OF THE ORDER UNDATED PASSED BY
THE 3RD RESPONDENT IN A.R.C.NO.3160/2021
