Shaji Olikkayath vs The Joint Registrar Of Co-Operative ...
2024 Latest Caselaw 28366 Ker

Kerala High Court

Shaji Olikkayath vs The Joint Registrar Of Co-Operative ... on 25 September, 2024

Author: Devan Ramachandran

Bench: Devan Ramachandran

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

   WEDNESDAY, THE 25TH DAY OF SEPTEMBER 2024 / 3RD ASWINA, 1946

                          RP NO. 919 OF 2024

        AGAINST THE JUDGMENT DATED 10.06.2024 IN WP(C) NO.15159 OF

2024 OF HIGH COURT OF KERALA

REVIEW PETITIONER/PETITIONER IN THE WP(C):

            SHAJI OLIKKAYATH
            AGED 55 YEARS
            S/O KUMARAN, OLIKKAYATH HOUSE, ATHIRATTUKUNNU POST,
            KENICHIRA, WAYANAD., PIN - 673596


            BY ADV P.N.MOHANAN


RESPONDENTS/RESPONDENTS IN THE WP(C):

    1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
            (GENERAL),OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
            SOCIETIES,KALPATTA NORTH, WAYANADU., PIN - 673121

    2       SASIDHARAN AZHEEKKAL
            AZHEEKKAL, MANALUVATAK POST, PULPALLY, WAYANAD., PIN -
            673579




            SRI P M SHAMEER-GP


     THIS    REVIEW   PETITION   HAVING    COME   UP   FOR   ADMISSION   ON
25.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                             2024:KER:72700
RP NO. 919 OF 2024

                                      2


                                O R D E R

DEVAN RAMACHANDRAN (J)

The limited plea in this petition seek

review of the judgment in WP(C)No.15159/2024

dated 10.06.2024 is that the time the

petitioner spent before this Court prosecuting

the writ petition ought to have been directed

to be excluded, while computing limitation qua

the statutory alternative remedy.

2. Sri.P.M.Shameer - learned Government

Pleader, opposed the afore request, saying that

no such exclusion is possible in law.

3. I am afraid that I cannot find

favour with the afore objection because, when

this Court allowed the petitioner to invoke

alternative remedy, it ought to have certainly

directed the period when the writ petition was

pending before this Court to be considered in

its proper perspective.

2024:KER:72700 RP NO. 919 OF 2024

In the afore circumstances,I allow this

Review Petition; however, only to the limited

extent of directing that, the period during

which WP(C)No.15154 of 2024 was filed, till

date on which the certified copy of therein was

obtained, be not reckoned for the rigour of

liabilities.

In all other respects, the judgment will

remain unaltered.

Sd/-

DEVAN RAMACHANDRAN JUDGE

SAS 2024:KER:72700 RP NO. 919 OF 2024

PETITIONER ANNEXURES

Annexure A1 CERTIFIED COPY OF JUDGMENT DATED 10.6.2024 IN

Annexure A2 TRUE COPY OF THE ORDER DATED 26.7.2024 ISSUED BY THE DEPUTY SECRETARY OF THE GOVERNMENT, DEPARTMENT OF CO-OPERATION