The High Court of Kerala disposed of a writ petition filed by a cooperative society employee seeking directions, holding it unnecessary to issue orders as the same contentions were already being urged before the Arbitration Court.
No directions issued; parties to agitate contentions before the Arbitration Court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
WEDNESDAY, THE 11TH DAY OF NOVEMBER 2015/20TH KARTHIKA, 1937
WP(C).No. 31798 of 2013 (Y)
PETITIONER :
ANTONY MATHEW, MEMBER NO.462 THODUPUZHA TALUK CO-OPERATIVE EMPLOYEES CO-OPERATIVE SOCIETY, RESIDING AT KAKKACHIRAYIL HOUSE, ELAMDESOM, IDUKKI DISTRICT.
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENT(S):
1. THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION, OFFICE OF THE KERALA STATE ELECTION COMMISSION, THIRUVANANTHAPURAM-695 001.
2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, IDUKKI-685 603.
3. THODUPUZHA TALUK CO-OPERATIVE EMPLOYEES CO-OPERATIVE SOCIETY, RESIDING AT KAKKACHIRAYIL HOUSE, ELAMDESOM, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY- 685 603.
4. ANOOP.K.N.,
5. JOLY.C.D.,
6. JOSHY V. MATHEW,
7. BENNY MATHEW,
2/-
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-2-
WP(C).NO.31798/2013
8. MANOJ CHERIYAN, THADATHIL HOUSE, ATTENDER, MUTTOM SERVICE CO-OPERATIVE BANK, IDUKKI-685 603.
9. SAJU V.CHEMBARATHI, CHEMBARATHI HOUSE, SECRETARY, IDUKKI SMALL SCALE INDUSTRIES SOCIETY, IDUKKI-685 603.
10. HYDROSE.M.P., MANJAKKAL HOUSE, ATTENDER, KUMARAMANGALAM SERVICE CO-OPERATIVE BANK, IDUKKI-685 603.
11. ROSHANKUMAR.K.P., KADAVUNGAL HOUSE, CLERK, VAZHITHALA SERVICE CO-OPERATIVE BANK, IDUKKI-685 603.
12. SAJIKUMAR.K.S.,
13. BRIJITH K.P., KALAPPURAKKAL HOUSE, SENIOR ACCOUNTANT, KUDAYATHOOR SERVICE CO-OPERATIVE BANK, IDUKKI-685 603.
14. RAKHI.C.,
15. LEKHA.A.K., VALLADIYIL HOUSE, SECRETARY, THODUPUZHA VANITHA CO-OPERATIVE SANGHAM, IDUKKI-685 603.
16. SHAJIMON.T.S., THARAPPEL HOUSE, ATTENDER, VELLAYAMATTOM SERVICE CO-OPERATIVE BANK, IDUKKI-685 603.
R1 & R2 BY GOVERNMENT PLEADER SRI.P.K.ABDUL RAHMAN R3 TO R10,R12 TO R16 BY ADVS. SRI.B.S.SWATHY KUMAR SRI.REMYA MURALI SRI.ASHISH MOHAN SRI.A.K.RAJESH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 31798 of 2013 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT-P1: | TRUE COPY OF THE AMENDMENT PROPOSAL MADE TO THE BYE LAW. |
|---|---|
| EXHIBIT-P2: | TRUE COPY OF THE ELECTION NOTIFICATION ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT-P2: | TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.27538/2013. |
RESPONDENT(S)' EXHIBITS
| ------------------------ EXHIBIT R12(A): |
---------------- TRUE COPY OF THE ARC NO.4/2014 OF THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM DATED 15/1/2014 |
|---|---|
| EXHIBIT R12(B): |
TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 20/12/2013 |
| EXHIBIT R12(C): |
TRUE COPY OF THE AMENDED BYE-LAW OF THE 3RD RESPONDENT |
/TRUE COPY/
P.S.TO JUDGE
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A.M. SHAFFIQUE, J.
============= W.P. (C) No. 31798 of 2013
===================
Dated this, the 11th day of November, 2015
J U D G M E N T
Petitioner had already filed ARC No.4/2014 before the Arbitration Court and it is submitted by the learned counsel appearing on either side that the case is posted for evidence. In the said arbitration matter, the very same contentions had been urged by the petitioner.
Under the above circumstances, I do not think that this Court will be justified in issuing any directions as prayed for. It shall be open for the parties to agitate their respective contentions before the Arbitration Court. Reserving the said right, this writ petition is disposed of. The concerned Arbitration Court shall dispose of the matter as early as possible.
Sd/- A.M. SHAFFIQUE, JUDGE
Rp 11/11/2015
//True Copy//
P.S to Judge
1 issue framed by the court
Whether the High Court is justified in issuing directions in a matter where the same contentions are already being agitated before the Arbitration Court?
Antony Mathew
The Kerala State Co-operative Election Commission
The Joint Registrar of Co-operative Societies (General)
Thodupuzha Taluk Co-operative Employees Co-operative Society
Anoop.K.N.
Joly.C.D.
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
