Thankamani vs The Joint Registrar For Co-Operative ...
2024 Latest Caselaw 27088 Ker

Kerala High Court

Thankamani vs The Joint Registrar For Co-Operative ... on 6 September, 2024

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WP(C) NO. 26945 OF 2024                           2024:KER:69030

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

         THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON

    FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                     WP(C) NO. 26945 OF 2024


PETITIONER(S):

          THANKAMANI,
          AGED 62 YEARS, W/O SIVAN, KANNANKULAPPADAN HOUSE,
          MANAPADAM P.O., PALAKKAD DISTRICT, PIN - 678687.

          BY ADV RAJESH CHAKYAT

RESPONDENT(S):

    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, CHALAKUDY, THRISSUR, PIN - 680307.

    3     THE SPECIAL SALES OFFICER
          OFFICE OF THE ASSISTANT REGISTRAR OFFICE (GENERAL),
          CHALAKUDY, THRISSUR, PIN - 680307.

    4     INJIKUNDU SERVICE CO OPERATIVE SOCIETY LTD NO.197
          INJIKUNDU P.O., THRISSUR. REPRESENTED BY ITS
          SECRETARY, PIN - 680312.

          BY ADV REBIN VINCENT GRALAN - R4

OTHER PRESENT:

          GP SMT. RESMI THOMAS - R1 TO R3


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO. 26945 OF 2024                         2024:KER:69030

                          JUDGMENT

The petitioner has suffered an award at the hands of the

1st respondent with respect to certain arrears payable to the

4th respondent Society.

2. Sri.C.Rajesh Chakyat, the learned counsel for the

petitioner, points out that the award was an ex-parte one and,

in fact, there was some fraud played by the 4th respondent

against the petitioner. In such circumstances, he points out

that Ext.P1 application for setting aside the ex-parte award

was filed before the 2nd respondent.

3. This Court issued notice to the respondents and the

notice has been received by the 4th respondent also. However,

there is no appearance on behalf of the 4th respondent.

4. Heard Smt.Resmi Thomas, the learned

Government Pleader, appearing on behalf of respondents 1 to

3.

5. Having considered the rival submissions as well as

the connected records, this writ petition would stand disposed

of, directing the 2nd respondent to consider and take a

WP(C) NO. 26945 OF 2024 2024:KER:69030

decision on Ext.P1 application filed by the petitioner as above,

within a period of two months. In the meantime, all further

proceedings pursuant to E.P.No.688 of 2024 in ARC No.761

of 2023 on the file of 2nd/3rd respondents, will be kept in

abeyance.

Sd/-

HARISANKAR V. MENON JUDGE Skk//19.09.2024

WP(C) NO. 26945 OF 2024 2024:KER:69030

APPENDIX OF WP(C) NO.26945 OF 2024

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE PETITION DATED 08.07.2024 TO SET ASIDE EXPARTE AWARD FILED IN A.R.C.NO. 761/2023 BEFORE THE 2ND RESPONDENT

EXHIBIT P2 A TRUE COPY OF THE PETITION DATED 05.07.2024 SUBMITTED TO THE SUPERINTENDENT OF POLICE, THRISSUR

EXHIBIT P3 A TRUE COPY OF THE PETITION DATED 05.07.2024 SUBMITTED TO THE SHO, VARANDARAPPILLY POLICE STATION, THRISSUR DISTRICT

EXHIBIT P4 A TRUE COPY OF THE RTI APPLICATION DATED 08.07.2024 SUBMITTED BEFORE THE INFORMATION OFFICER OF 2ND RESPONDENT'S OFFICE

RESPONDENTS' EXHIBITS: NIL