Kerala High Court
D.Chandrasekharan Nair vs Venjarammoodu Service Co-Operative ... on 11 December, 2018
Author: Anil K.Narendran
Bench: Anil K.Narendran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
TUESDAY ,THE 11TH DAY OF DECEMBER 2018 / 20TH AGRAHAYANA, 1940
WP(C).No. 34112 of 2018
PETITIONERS:
1 D.CHANDRASEKHARAN NAIR,
AGED 55 YEARS
MEMBER NO.10251, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
2 A.M. RIZE
MEMBER NO. 7542, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
3 S.R. VINU
MEMBER NO. 9445, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
4 G RAJENDRAN NAIR
MEMBER NO. 4750, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
5 NISHAD A
MEMBER NO. 12800, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
6 N. RAJENDRA KUMAR
MEMBER NO. 6236, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
7 S. JAYAKUMAR
MEMBER NO. 9107, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
8 R. MOHANAN NAIR
MEMBER NO. 4404, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
WP(C).No. 34112 of 2018
2
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
9 H. JAMEELA
MEMBER NO. 13707, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
10 ASHA GOPI
MEMBER NO. 8770, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
11 AMBIKA J
MEMBER NO. 5842, MANAGING COMMITTEE MEMBER,
VENJARAMOOD SERVICE CO-OP. BANK LTD. NO.2419,
VENJARAMOOD, THIRUVANANTHAPURAM - 695 607.
BY ADVS.
SRI.P.RAMAKRISHNAN
SMT.ASHA K.SHENOY
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.C.ANIL KUMAR
SRI.PRATAP ABRAHAM VARGHESE
SRI.T.C.KRISHNA
RESPONDENTS:
1 VENJARAMMOODU SERVICE CO-OPERATIVE BANK LIMITED
NO.2419,
VENJARAMOODU P.O., THIRUVANANTHAPURAM - 695 607,
REPRESENTED BY ITS SECRETARY.
2 G. BHASI
MEMBER NO. 1515, VADAKKUMKARA VEEDU, KAVARA,
VENJARAMOODU, THIRUVANANTHAPURAM-695 607
3 ELECTORAL OFFICER/ASSISTANT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL)
OFFICE OF THE ASSISTANT REGISTRAR (GENERAL),
NEDUMANGAD P.O, THIRUVANANTHAPURAM-695 541
4 RETURNING OFFICER/UNIT INSPECTOR
VENJARAMOODU, OFFICE OF THE ASSISTANT REGISTRAR OF
CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE
ASSISTANT REGISTRAR (GENERAL), NEDUMANGAD P.O,
THIRUVANANTHAPURAM-695 541
WP(C).No. 34112 of 2018
3
5 CHIEF CO-OPERATIVE ELECTION COMMISSION
CO-BANK TOWERS, PALAYAM, THIRUVANANTHAPURAM-695 033.
6 THE CO-OPERATIVE ARBITRATION COURT
THIRUVANANTHAPURAM-695 024
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.ASWIN.P.JOHN
SR.GOVT.PLEADER SMT.C.S.SHEEJA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 34112 of 2018
4
JUDGMENT
The petitioners who are defendants 1 to 6, 8, 9 and 11 to 13 in ARC.No.9/2014 on the file of the Co-operative Arbitration Court, Thiruvananthapuram, have filed this writ petition under Article 226 of the Constitution, seeking a writ of certiorari to quash the order of the Co-operative Arbitration Court rejecting Ext.P10 application; and a writ of mandamus commanding the 6th respondent Arbitration Court to issue a copy of the order, if any, rejecting Ext.P9 list of witness submitted on 01/10/2018. The further reliefs sought for is a writ of mandamus commanding the 6th respondent Arbitration Court to provide the petitioners with sufficient opportunity to examine the witnesses listed in Ext.P9 list of witness and to produce such evidence as is required for rendering a final decision in ARC No.9 of 2014.
2. On 17/10/2018, when this writ petition came up for admission, the 1st and 2nd respondents entered appearance through counsel and respondents 3 to 5 entered appearance through the learned Senior Government Pleader. Service of notice on the 6 th respondent Co-operative Arbitration Court was dispensed with, for WP(C).No. 34112 of 2018 5 the time being, and the learned Senior Government Pleader was directed to get instructions.
3. On 23/10/2018, when this petition was taken up along with W.P.(C).No.31862/2018, it was made clear that the interim order granted in that writ petition will not stand in the way of the 6 th respondent Arbitration Court in issuing copy of the order rejecting Ext.P9 application. Based on the directions issued by this Court, the learned Senior Government Pleader has made available for the perusal of this Court the files in ARC No.9 of 2014, which is now pending before the 6th respondent Arbitration Court.
4. Heard the learned counsel for the petitioners, the learned counsel for the party respondents and also the learned Senior Government Pleader appearing for the official respondents.
5. During the course of arguments, it is submitted by the learned counsel for the petitioners that the petitioners have already been issued with a copy of the order dated 05/10/2018 of the Co- operative Arbitration Court in ARC No.9 of 2014. Now, what remains to be issued is a copy of the "detailed order with regard to the proceedings before the Co-operative Arbitration Court on 03/10/2018" referred to in the order dated 05/10/2018.
6. The learned Senior Government Pleader, on instructions, WP(C).No. 34112 of 2018 6 would submit that the 6th respondent, Co-operative Arbitration Court shall issue a copy of the "detailed order dated 03/10/2018 with regard to the proceedings" in ARC No.9 of 2014 immediately after the receipt of files, which is presently with the learned Senior Government Pleader. The said submission is recorded.
7. In such circumstances, this writ petition is disposed of by recording the submission made by the learned Senior Government Pleader that the 6th respondent, Co-operative Arbitration Court shall issue the petitioners a copy of the "detailed order with regard to the proceedings before the Co-operative Arbitration Court on 03/10/2018" within a period of one week.
8. The legal and factual contentions raised by the petitioners are left open to be raised at appropriate stage, before appropriate forum.
The learned Senior Government Pleader shall return the files to the 6th respondent, Co-operative Arbitration Court.
Sd/-
ANIL K.NARENDRAN JUDGE WP(C).No. 34112 of 2018 7 APPENDIX OF WP(C) 34112/2018 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PLAINT IN ARC NO. 9 OF 2014 FILED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT DATED 14/10/2014 IN ARC NO. 9/2014 EXHIBIT P3 TRUE COPY OF CHIEF AFFIDAVIT DATED 5/12/2017 ABOVE SAID FILED FY THE 2ND RESPONDENT.
EXHIBIT P4 TRUE COPY OF AFFIDAVIT AND PETITION DATED 13/3/2015 IN ARC NO. 9 OF 2014 EXHIBIT P5 TRUE COPY OF AFFIDAVIT DATED 5/6/2018 FILED BY THE 1ST RESPONDENT IN ARC NO. 9 OF 2014 EXHIBIT P6 TRUE COPY OF AFFIDAVIT AND PETITION DATED 5/6/2018, NUMBERED AS I.A. NO. 30/2018 IN ARC NO. 9/2014 EXHIBIT P7 TRUE COPY OF AFFIDAVIT AND PETITION DATED 25/9/2018 IN ARC NO. 9 OF 2014 EXHIBIT P8 TRUE COPY OF APPLICATION DATED 25/9/2018 SUBMITTED BY THE COUNSEL FOR THE 1ST RESPONDENT IN ARC NO. 9 OF 2014 EXHIBIT P9 TRUE COPY OF WITNESS LIST SUBMITTED BY THE PETITIONERS BEFORE THE 6TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF APPLICATION DATED 5/10/2018 MADE BY THE COUNSEL FOR THE PETITIONERS.