Kerala High Court
O.K.Sadasivan vs The Kerala State Handloom Weavers' ... on 31 March, 2005
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
WEDNESDAY, THE 2ND DAY OF JANUARY 2013/12TH POUSHA 1934
WP(C).No. 31609 of 2012 (A)
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RP.163/2009 of KERALA CO-OP.TRIBUNAL,TVM.
PETITIONER:
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O.K.SADASIVAN, AGED 69 YEARS
SIVASAILAM,P.T.ROAD, BALUSSERY P.O.
KOZHIKODE DISTRICT
BY ADV. SRI.K.M.FIROZ
SMT.M.SHAJNA
RESPONDENTS:
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1. THE KERALA STATE HANDLOOM WEAVERS' CO-OPERATIVE
SOCIETY LTD. (HANTEX)
P.B.NO.64, THIRUVANANTHAPURAM - 695001.
REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE DEPUTY REGISTRAR,
DISTRICT INDUSTRIES CENTRE,KOZHIKODE .
3. THE KERALA CO-OPERATIVE TRIBUNAL
OFFICE OF THE CO-OPERATIVE TRIBUNAL
THIRUVANATHAPURAM
REPRESENTED BY ITS SECRETARY- 695 001.
RR1 BY ADV. SRI.T.M.RAMAN KARTHA, SC, HANTEX
R BY GOVERNMENT PLEADER SMT.C.K.SHERIN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN WPC 31609/2012
PETITIONER(S) EXHIBITS
EXT.P1: TRUE COPY OF THE ARC NO.1/2005 DATED 31/3/2005 FILED BY THE
PETITIONER BEFORE HANDLOOMS AND TEXTILES VIKAR BHAVAN,
THIRUVANANTHAPURAM.
EXT.P2: A TRUE COPY FO THE OBJECTION STATEMENT SUBMITTED BY THE FIRST
RESPONDENT DATED 19/6/2006
EXT.P3:TRUE COPY OF THE ORDER DATED 29/1/2007 OF THE ARBITRATOR.
EXT.P4: TRUE COPY OF THE REVISION PETITION NO.163 OF 2009 SUBMITTED BY
THE FIRST RESPONDENT BEFORE KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM.
EXT.P5: TRUE COPY OF THE COUNTER STATEMENT DATED30/10/2009 FILED BY THE
PETITIONER.
EXT.P6: A TRUE COPY OF THE ORDER DATED 27/09/2011 OF THE CO-OPERATIVE
TRIBUNAL, THIRUVANANTHAPURAM.
RESPONDENTS' EXHIBITS NIL
JJ /TRUE COPY/
P.S.TO JUDGE
K. SURENDRA MOHAN, J.
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W.P(C) NO: 31609 OF 2012
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Dated this the 2nd January, 2013.
JUDGMENT
This writ petition is filed seeking the following reliefs:-
"i) To call for the records leading to Ext.P6 order and set aside the same by issuing a writ of certiorari or any other appropriate writ direction or order.
ii) To issue such other order or direction in favour of the petitioner as this Hon'ble Court may deem fit and proper in the circumstances of the case."
Ext.P6 order under challenge in this writ petition is dated 27-9-2011. This writ petition is filed on 31-12-2012. As per the impugned order, what has been directed is only a de novo consideration of the petitioner's claim by the Arbitrator. It is not in dispute that the said proceedings are continuing and have progressed substantially. Therefore, if the petitioner has a genuine claim, his remedy for enforcing the same and obtaining relief is still available to him before the Arbitrator. In fact, according to the counsel, the said proceedings have not concluded yet.
WPC 31609/2012 2
In the above circumstances I find no grounds to entertain this writ petition. The same is accordingly dismissed without prejudice to the rights of the petitioner to urge all his contentions before the Arbitrator.
Sd/-
K. SURENDRA MOHAN
Judge
jj /True copy/
P.S.to Judge