Kerala High Court

O.N.Krishnan vs State Of Kerala on 8 January, 2025

Author: Amit Rawal

Bench: Amit Rawal

                                                          2025:KER:1109

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                    &

               THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

    WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946

                          WA NO. 2109 OF 2024

        AGAINST THE JUDGMENT DATED 25.11.2024 IN WP(C) NO.15032 OF

                     2021 OF HIGH COURT OF KERALA

APPELLANT/PETITIONER:

           O.N.KRISHNAN, AGED 73 YEARS,
           OLAPURAKKAL HOUSE, K.S PURAM, KADUTHURUTHY,
           KOTTAYAM-686 604, PIN - 686604


           BY ADVS.
           E.N.VISHNU NAMBOODIRI
           M.K.SASEENDRAN (MELEL)
           NARAYANAN P POTTY




RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
           CO-OPERATION, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695 001, PIN - 695001

    2      KERALA CO-OPERATIVE TRIBUNAL,
           THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS
           SECRETARY, PIN - 695001

    3      DEPUTY REGISTRAR/ARBITRATOR,
           KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD,NO.4309,
           KOTTAYAM-686 001, PIN - 686001
                                                         2025:KER:1109
WA Nos.2109/2024,
81/2025, 79/2025, 80/2025
                                   2




     4       KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD NO.4309
             KOTTAYAM-686 001,
             REPRESENTED BY ITS GENERAL MANAGER, PIN - 686001

     5       RAJ MOHANAN
             MOOSARI PARAMBIL, AYANKUDY, KADUTHURUTHY, KADUTHURUTHY
             P.O., KOTTAYAM-686 604, PIN - 686604


             BY ADV ATHUL SHAJI


      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.01.2025,
ALONG WITH WA.81/2025, 79/2025 AND CONNECTED CASES, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
                                                            2025:KER:1109
WA Nos.2109/2024,
81/2025, 79/2025, 80/2025
                                      3

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                      &

               THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

     WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946

                            WA NO. 81 OF 2025

         AGAINST THE JUDGMENT DATED 25.11.2024 IN WP(C) NO.14880 OF

                       2021 OF HIGH COURT OF KERALA

APPELLANT:

             O.N.KRISHNAN, AGED 73 YEARS,
             OLAPURAKKAL HOUSE, K.S PURAM, KADUTHURUTHY,
             KOTTAYAM, PIN - 686604


             BY ADVS.
             E.N.VISHNU NAMBOODIRI
             M.K.SASEENDRAN (MELEL)
             NARAYANAN P POTTY
             P.SANKARAN NAMPOOTHIRI




RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
             CO-OPERATION, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

     2       KERALA CO-OPERATIVE TRIBUNAL
             THIRUVANANTHAPURAM 695 001
             REPRESENTED BY ITS SECRETARY, PIN - 695001
                                                           2025:KER:1109
WA Nos.2109/2024,
81/2025, 79/2025, 80/2025
                                   4




     3       DEPUTY REGISTRAR/ARBITRATOR,
             KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD NO. 4309,
             KOTTAYAM, PIN - 686001

     4       KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD NO. 4309
             KOTTAYAM 686 001
             REPRESENTED BY ITS GENERAL MANAGER, PIN - 686001

     5       KOMALAM P NAIR
             W/O. K.K PANKAJAKSHAN NAIR, KAMAL NIVAS,VALIKAPRAYAR,
             NADUVILE VILLAGE, VAIKOM,
             KOTTAYAM DISTRICT, PIN 686 142

     6       JYOTHI LAKSHMI
             D/O. K.K PANKAJAKSHAN NAIR, ANOOPAM VEEDU, KAVARAPPADI,
             VAIKOM, KOTTAYAM DISTRICT, PIN 686 141

     7       INDU SIVAPRASAD
             D/O. K.K PANKAJAKSHAN NAIR, SIVENDU VEEDU,
             MURIYAMKULANGARA, VAIKOM,
             KOTTAYAM DISTRICT, PIN 686 141



      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.01.2025,
ALONG WITH WA.2109/2024 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                                            2025:KER:1109
WA Nos.2109/2024,
81/2025, 79/2025, 80/2025
                                      5

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                      &

               THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

     WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946

                            WA NO. 79 OF 2025

         AGAINST THE JUDGMENT DATED 25.11.2024 IN WP(C) NO.14992 OF

                       2021 OF HIGH COURT OF KERALA

APPELLANT:

             O.N.KRISHNAN, AGED 73 YEARS,
             OLAPURAKKAL HOUSE, K.S.PURAM, KADUTHURUTHY,
             KOTTAYAM-686604, PIN - 686604


             BY ADVS.
             E.N.VISHNU NAMBOODIRI
             M.K.SASEENDRAN (MELEL)
             NARAYANAN P POTTY
             P.SANKARAN NAMPOOTHIRI




RESPONDENTS:

     1       STATE OF KERALA,
             REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
             CO-OPERATION, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

     2       KERALA CO-OPERATIVE TRIBUNAL,
             THIRUVANANTHAPURAM-695001, REPRESENTED BY ITS
             SECRETARY, PIN - 695001
                                                         2025:KER:1109
WA Nos.2109/2024,
81/2025, 79/2025, 80/2025
                                   6




     3       DEPUTY REGISTRAR/ARBITRATOR,
             KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD.NO.4309,
             KOTTAYAM-686001, PIN - 686001

     4       KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. NO. 4309
             KOTTAYAM, REPRESENTED BY ITS GENERAL MANAGER,
             PIN - 686001

     5       RAJENDRAN NAIR,
             MOOSARI PARAMBIL, AYANKUDY, KADUTHURUTHY,
             KADUTHURUTHY P.O., KOTTAYAM-686604, PIN - 686604



      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.01.2025,
ALONG WITH WA.2109/2024 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                                            2025:KER:1109
WA Nos.2109/2024,
81/2025, 79/2025, 80/2025
                                      7

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                 THE HONOURABLE MR. JUSTICE AMIT RAWAL

                                      &

               THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

     WEDNESDAY, THE 8TH DAY OF JANUARY 2025 / 18TH POUSHA, 1946

                            WA NO. 80 OF 2025

         AGAINST THE JUDGMENT DATED 25.11.2024 IN WP(C) NO.19541 OF

                       2022 OF HIGH COURT OF KERALA

APPELLANT:

             O.N.KRISHNAN, AGED 74 YEARS,
             OLAPURAKKAL HOUSE, K.S. PURAM, KADUTHURUTHY,
             KOTTAYAM, PIN - 686604


             BY ADVS.
             E.N.VISHNU NAMBOODIRI
             M.K.SASEENDRAN (MELEL)
             NARAYANAN P POTTY




RESPONDENTS:

     1       STATE OF KERALA
             REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF
             CO-OPERATION, GOVERNMENT SECRETARIAT,
             THIRUVANANTHAPURAM, PIN - 695001

     2       KERALA CO-OPERATIVE TRIBUNAL,
             THIRUVANANTHAPURAM-695 001, REPRESENTED BY ITS
             SECRETARY, PIN - 695001
                                                         2025:KER:1109
WA Nos.2109/2024,
81/2025, 79/2025, 80/2025
                                   8


     3       DEPUTY REGISTRAR/ARBITRATOR,
             KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. NO. 4309,
             KOTTAYAM-686 001, PIN - 686001

     4       KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. NO. 4309,
             KOTTAYAM-686 001, REPRESENTED BY ITS GENERAL MANAGER,
             PIN - 686001

     5       RAJALAKSHMI R.,
             D/O. N. RAMACHANDRAN PILLAI, AGED 63 YEARS, KUNNATHU
             HOUSE, NORTH PARAVUR, ERNAKULAM-683 513, PIN - 683513



      THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08.01.2025,
ALONG WITH WA.2109/2024 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
                                                            2025:KER:1109
WA Nos.2109/2024,
81/2025, 79/2025, 80/2025
                                    9


                                JUDGMENT

AMIT RAWAL, J.

The present writ appeals are directed against the final

order whereby the writ petitions have been dismissed on the

ground that the appellant/petitioner has not been able to pay the

court fees for entertainment of the appeal before the Co-operative

Tribunal. Section 82 of the Kerala Co-operative Societies Act

prescribes a particular fee in cases of matters which have arisen

out of the award of the arbitration proceedings/money decree.

The argument of the appellant/petitioner before the Single Bench

and before us is that all the properties that had been attached

and does not have any means. In such circumstances, the appeal

could have been heard by applying the principles as envisaged

under Order 33 Rule 1 of the Code of Civil Procedure. The other

argument raised was that the appellant/petitioner had not been

given any opportunity.

2. Until and unless court fees as required was not paid,

the provisions of Order 33 Rule 1 of the Code of Civil Procedure

are not applicable, obviously, the Tribunal would not be

empowered to hear the arguments on the merits. Therefore, the 2025:KER:1109 WA Nos.2109/2024, 81/2025, 79/2025, 80/2025

contention regarding the non-hearing does not merit any

acceptance. We do not find any illegality and perversity in the

order under challenge permitting the petitioner/appellant to grant

exception of payment of court fee towards Kerala Legal Benefit

Fund under Section 76(2) of the Kerala Court Fees and Suit

Valuation, 1959, and Kerala Legal Benefit Fund Rules, 1991, for

hearing the appeal against the award of the Arbitration Court.

No ground for interference is made out.

Writ Appeals stand dismissed.

Sd/-

AMIT RAWAL JUDGE

Sd/-

K. V. JAYAKUMAR JUDGE msp 2025:KER:1109 WA Nos.2109/2024, 81/2025, 79/2025, 80/2025

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF CIRCULAR ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 5.8.1993 2025:KER:1109 WA Nos.2109/2024, 81/2025, 79/2025, 80/2025

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF CIRCULAR ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 5.8.1993 2025:KER:1109 WA Nos.2109/2024, 81/2025, 79/2025, 80/2025

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF CIRCULAR ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 5.8.1993 2025:KER:1109 WA Nos.2109/2024, 81/2025, 79/2025, 80/2025

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF CIRCULAR ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES DATED 5.8.1993

Annexure A2 TRUE COPY OF JUDGMENT DATED 15.6.2022 IN CRL.

R.P. NO. 1386/2009 OF THIS HON'BLE COURT

Annexure A3 TRUE COPY OF THE RELEVANT PAGES OF THE DEPOSITION OF GENERAL MANAGER OF 4TH RESPONDENT BANK TAKEN DOWN BY ABOVE SAID COURT DATED ON 7.3.2002 WITH ENGLISH TRANSLATION