Kerala High Court
Jeenu R vs The Joint Registrar Of Co-Operative ... on 19 August, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
TUESDAY, THE 19TH DAY OF AUGUST 2025 / 28TH SRAVANA, 1947
WP(C) NO. 30769 OF 2025
PETITIONER/S:
JEENU R
AGED 45 YEARS
S/O. RADHAKRISHNAN, JEEJAMANDIRAM, PRIPALLI
P.O., CHAVARKODU, KOLLAM DISTRICT., PIN -
691574
BY ADVS.
SHRI.GEORGE SEBASTIAN
SHRI.ADITYA T.P.
RESPONDENT/S:
1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL) IDUKKI
OFFICE OF THE JOINT REGISTRAR CO-OPERATIVE
SOCIETIES, CHERUTHONI P.O., IDUKKI DISTRICT.,
PIN - 685602
2 THE ASSISTANT REGISTRAR OF CO-
OPERATIVESOCIETIES (GENERAL) THODUPUZHA,
OFFICE OF THE ASSISTANT REGISTRAR OF CO-
OPERATIVE SOCIETIES, THODUPUZHA P.O., IDUKKI
DISTRICT., PIN - 685584
3 THE INSPECTOR OF CO-OPERATIVE SOCIETIES,
D UNIT THODUPUZHA,INSPECTOR (ARBITRATION AND
EXECUTION), OFFICE OF THE ASSISTANT REGISTRAR
(GENERAL), CO-OPERATIVE SOCIETIES,THODUPUZHA
P.O., IDUKKI DISTRICT., PIN - 685584
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4 THE IDUKKI DISTRICT POLICE CO-OPERATIVE SOCIETY
LTD, NO. I -490, IDUKKI COLONY P.O., CHERUTHONI,
IDUKKI DISTRICT , REPRESENTED ITS SECRETARY
AKHILVIJAYAN, PIN - 685602
OTHER PRESENT:
SMT.RESHMI THOMAS,SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 19.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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P.M.MANOJ, J.
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W.P.(C).No.30769 of 2025
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Dated this the 19th day of August, 2025
JUDGMENT
Aggrieved by Ext.P6 order dated 04.04.2025 passed
by respondent No.1, the petitioner has approached this
Court seeking to quash the same and to direct respondent
No.1 to reconsider Exts.P4 and P5.
2. It is the case of the petitioner that respondent
No.1 in Ext.P1 had availed a loan of Rs.20,00,000/- from
respondent No.4 herein and the petitioner stood as a
guarantor for the same. Respondent No.1 in Ext.P1
committed default in payment of the loan amount and an
ex parte Award was passed by respondent No.3, without
proper notice to the respondents in Ext.P1. This is the
circumstance in which the petitioner has approached
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respondent No.1 (the Joint Registrar) by preferring
Exts.P3 and P4. However, as per Ext.P6, the said
applications were rejected by respondent No.1 on the
ground that the Joint Registrar has no power to consider
such applications and the remedy available to the
petitioner is to file an appeal before the Co-operative
Tribunal under Section 82 of the Kerala Co-operative
Societies Act, 1969.
3. It is contended by the learned counsel for the
petitioner that consistently in umpteen number of
decisions, including Rema Devi and Others. v. Joint
Registrar (General) of Co-operative Societies, Ekm
and Another [2016 (3) KHC 645] and Kerala State Co-
operative Consumer Federation Ltd, Ernakulam v.
K.Vasu [2015(3) KHC 954], this Court held that the Joint
Registrar has power to set aside an ex parte award.
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4. I heard Sri. George Sebastian, the learned
counsel for the petitioner. Considering the limited nature
of the relief sought, I prefer to dispense with notice to the
respondents.
5. Going by the averments and submissions made
across the Bar, it appears that Ext.P6 order cannot stand
the test of law, as it has already been held by this Court in
Rema Devi and Others v. Joint Registrar (General) of
Co-operative Societies, Ernakulam and Kerala State
Co-operative Consumer Federation Ltd v. K. Vasu
(supra) that the Arbitrator has the power to set aside an
ex parte award In these circumstances, I am of the view
that Ext.P6 is liable to be set aside.
5. Accordingly, this writ petition is allowed.
Ext.P6 order dated 04.04.2025 stands quashed.
Respondent No.1 is directed to reconsider Exts.P3 and P4
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applications, in accordance with law, with notice to the
affected parties, as expeditiously as possible, and in any
event, within a period of three months from the date of
production of a certified copy of this judgment.
Until a decision is taken by respondent No.1 on
Exts.P3 and P4 applications, all further proceedings in
E.P. No.46/2023 in ARC No.1177 of 2022 shall stand
deferred.
Sd/-
P.M.MANOJ
JUDGE
kkj
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APPENDIX OF WP(C) 30769/2025
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE AWARD DATED
04.07.2023 PASSED BY THE 3RD
RESPONDENT ON THE BASIS OF AN
APPLICATION SUBMITTED BY THE 4TH
RESPONDENT SOCIETY
Exhibit P2 A TRUE COPY OF EP 46/2023 IN
ARBITRATION AWARD 1177/2022 DATED
30.10.2023 OF THE SUB COURT KATTAPPANA
Exhibit P3 A TRUE COPY OF EA 133/2023IN EP
46/2023 IN ARBITRATION AWARD 1177/2022
DATED 30.10.2023 OF THE SUB COURT
KATTAPPANA
Exhibit P4 A TRUE COPY OF THE APPLICATION TO SET
ASIDE THE EXPARTE AWARD DATED
24.03.2025 FILED BEFORE THE 1ST
RESPONDENT
Exhibit P5 A TRUE COPY OF THE APPLICATION FILED
TO CONDONE THE DELAY OF 600 DAYS IN
FILING EXT P4 APPLICATION DATED
24.03.2025 FILED BEFORE THE 1ST
RESPONDENT
Exhibit P6 A TRUE COPY OF THE COMMUNICATION DATED
04.04.2025 ISSUED BY THE 1ST
RESPONDENT TO THE PETITIONER
