Kerala High Court
K.P. Varghese vs Cochin Shipyard Staff Co-Operative
Author: S. Siri Jagan
Bench: S.Siri Jagan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
WEDNESDAY, THE 20TH DAY OF JUNE 2012/30TH JYAISHTA 1934
WP(C).No. 14313 of 2012 (L)
---------------------------
PETITIONER(S):
-----------------------
K.P. VARGHESE, SON OF SRI.PAULOSE,
AGED 50 YEARS, RESIDING AT A-43,
ASOKA APARTMENTS, KOVILVATTOM ROAD,
ERNAKULAM, KOCHI-682 031.
BY ADVS. SRI.P.GOPAKUMARAN NAIR,
SRI.C.S.DIAS,
SRI.K.JOSE KURIAKOSE,
SRI.N.K.SUBRAMANIAN.
RESPONDENT(S):
-------------------------
1. COCHIN SHIPYARD STAFF CO-OPERATIVE
HOUSE CONSTRUCTION SOCIETY LTD. NO.E.346,
ERNAKULAM, KOCHI-682 015,
REPRESENTED BY ITS SECRETARY.
2. THE ARBITRATOR/ASSISTANT REGISTRAR (GENERAL)
OF CO-OPERATIVE SOCIETIES (PLANNING),
OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), KANAYANNUR TALUK,
ERNAKULAM-682 031.
BY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 20-06-2012, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
rs.
WP(C).No. 14313 of 2012 (L)
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 : TRUE COPY OF PLAINT IN ARC NO.24/2010 DTD.17.2.2010 ON
THE FILE OF THE 2ND RESPONDENT.
EXT.P2 : TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER
DTD. 14.7.2010 BEFORE THE 2ND RESPONDENT.
EXT.P3 : TRUE COPY OF INTERIM ORDER DTD. 22.3.2012 PASSED BY THIS
HON'BLE COURT IN WPC NO.6730/2012.
EXT.P4 : TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT DTD. 30.3.2012
IN WA NO.655/2012.
EXT.P5 : TRUE COPY OF IA NO.1/2012 FILED BY THE PETITIONER BEFORE THE
2ND RESPONDENT.
EXT.P6 : TRUE COPY OF COUNTER AFFIDAVIT DTD. 28.4.2012 FILED BY THE
1ST RESPONDENT IN IA NO.1/2012. (EXHIBIT P5).
EXT.P7 : TRUE COPY OF INTERIM ORDER DTD.18.5.2012 PASSED BY THE
SUPREME COURT OF INDIA IN SPECIAL LEAVE TO APPEAL(CIVIL)
NO.15314/2012.
EXT.P8 : TRUE COPY OF UNDATED ORDER IN IA NO.1/2012 IN ARC NO.24/2010
PASSED BY THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS:- NIL.
//TRUE COPY//
P.A. TO JUDGE
rs.
S. SIRI JAGAN, J.
-------------------------------------------
W.P.(C) No.14313 of 2012
----------------------------------------------
Dated this the 20th day of June, 2012
JUDGMENT
The petitioner challenges Ext.P8 order, whereby the petitioner's application for impleading certain additional parties in ARC No.24/2010 has been rejected by the Assistant Registrar of Co-operative Societies. When it was pointed to the learned counsel for the petitioner that the petitioner has an effective alternate remedy by way of revision before the Tribunal under Section 84 of the Kerala Co-operative Societies Act, the petitioner submits that the difficulty for the petitioner in resorting to that appellate remedy is that the main ARC is being proceeded with and the petitioner does not have enough time to file a revision and obtain interim orders.
I do not think that, that is a ground for entertaining this writ petition by-passing the effective alternate remedy. Accordingly, without prejudice to the right of the petitioner to file a revision before the Tribunal against Ext.P8 order, this writ W.P.(C)No.14313/12 2 petition is dismissed. However, the 2nd respondent is directed to keep in abeyance further proceedings in the ARC for a period of one week to enable the petitioner to file a revision and to get interim orders.
S. SIRI JAGAN, JUDGE acd W.P.(C)No.14313/12 3