Kerala High Court
Attingal Municipal Town Service ... vs The Kerala Co-Operative Ombudsman on 29 January, 2019
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR.JUSTICE R.NARAYANA PISHARADI
TUESDAY, THE 29TH DAY OF JANUARY 2019/9TH MAGHA, 1940
W.A.No. 312 of 2018
AGAINST THE JUDGMENT DATED 24-11-2017 IN WP(C).NO.13274/2015 OF
THIS COURT
APPELLANT/PETITIONER:
ATTINGAL MUNICIPAL TOWN SERVICE CO-OPERATIVE
BANK LTD. NO. T.437, KUZHIYILMUKKU, ATTINGAL,
THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY.
BY ADVS.
SRI.K.SIJU
SMT.RENY ANTO
SRI.S.ABHILASH
RESPONDENTS/RESPONDENTS:
1 THE KERALA CO-OPERATIVE OMBUDSMAN,
FORT P.O., THIRUVANANTHAPURAM - 695 023, REPRESENTED
BY ITS SECRETARY.
2 THE KERALA CO-OPERATIVE DEVELOPMENT AND
WELFARE FUND BOARD,
GANDHARI AMMAN KOVIL ROAD,
THIRUVANANTHAPUARM - 695 001,
REPRESENTED BY ITS SECRETARY.
3 REGISTRAR OF CO-OPERATIVE SOCIETIES,
THIRUVANANTHAPURAM - 695 001.
4 CHANDRAN PILLAI N., PARANKIMAMVILA VEEDU,
THACHOORKUNNU, AVANAVANCHERRY P.O., ATTINGAL,
THIRUVANANTHAPURAM - 695 101.
BY ADVS.
R2 BY SRI.P.C.SASIDHARAN, SC, KCDWFB
R4 BY ADV.SRI.B.KRISHNA MANI
R1 & R3 BY SMT.K.R.DEEPA,SR.GOVT.PLEADER(B/O)
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 29.01.2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WA312/2018
2
JUDGMENT
Chitambaresh, J.
1. The impugned judgment inter alia states as follows:
"Both the writ petitions are materially connected, relating to the benefit sought for by the petitioner in W.P.(C) No.22053 of 2017 before the Kerala Co- operative Ombudsman [for short, 'the Ombudsman'] under the Risk Fund Scheme. The Ombudsman has passed an order directing the Bank to grant maximum benefit to the petitioner therein under the Risk Fund Scheme. Therefore, I heard them together and propose to deliver a common judgment.
xxxx xxxx xxxx xxxx xxxx Perused the pleadings and the documents on record in both the writ petitions. Heard learned counsel for the petitioner in W.P.(C) No.22053 of 2017, learned Senior Government Pleader and the learned counsel appearing for the Kerala Co-operative Development and Welfare Fund Board."
2. It could thus be seen that WP(C).Nos.13274/2015 and 22053/2017 were heard and disposed of together by the common judgment impugned. The issues therein are intertwined and the appellant herein was a party to both the WA312/2018 3 writ petitions. But the writ appeal has been filed only against WP(C).No.13274/2015 and no writ appeal has been filed against WP(C).No.22053/2017. The final judgment in WP(C).No.22053/2017 hence operates as res judicata for the present writ appeal filed against WP(C).No.13274/2015. The writ appeal fails. Dismissed.
V. CHITAMBARESH, JUDGE R. NARAYANA PISHARADI, JUDGE Sha/300119