Review petition filed belatedly challenging a Division Bench judgment. Court dismissed petition in limine due to unexplained delay and failure to prove locus standi.
Review petition and delay petition dismissed in limine.
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.MUHAMED MUSTAQUE
WEDNESDAY, THE 4TH DAY OF APRIL 2018 / 14TH CHAITHRA, 1940
RP.No. 125 of 2018
AGAINST THE JUDGMENT IN WP(C)NO.24219/2013 of THIS HON'BLE COURT .
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PETITIONER(S)/APPELLANT
S.K.JAYACHANDRAN, AGED 57, S/O. KUTTAN PANICKER, SHEEJA NIVAS, MAMPAZHAKKARA, PERUMPAZHATHUR P.O., NEYYATTINKARA.
BY ADVS.SRI.T.RAVIKUMAR
SMT.K.M.MINIMOL
RESPONDENT(S)/RESPONDENTS:
1. STATE OF KERALA, REP.BY THE SECRETARY, CO-OP SOCIETIES, THIRUVANANTHAPURAM - 695 001.
2. THE REGISTRAR,
CO-OP SOCIETIES, THIRUVANANTHAPURAM - 695 001.
3. ELAVILAKOM POWER-LOOM CO-OPERATIVE SOCIETY LTD.NO. P1 467, KOOVALASSERY P.O.
4. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD.NO. 4312,REP.BY THE SECRETARY.
5. M.S. ANIL,
ABHAYAM, MARIYAMUTTOM P.O.
6. THE DY.REGISTRAR, INDUSTRIES DEPT., THIRUVANANTHAPURAM - 695 001.
R1,R2 & R6 BY SENIOR GOVERNMENT PLEADER SRI.S.GOPINATHAN
R3 BY SRI. G.SUDHEER
R4 BY SRI.THOMAS ABRAHAM, SC
R5 BY ADVS. SRI.B.S.SWATHY KUMAR SMT.ANITHA RAVINDRAN SRI.HARISANKAR N UNNI
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 04-04-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
TS
06.04.2018
A. MUHAMED MUSTAQUE, J.
......................................... R.P.No.125 of 2018 in W.P.(C).No.24219 of 2013
.......................................... Dated this the 4th day of April, 2018.
O R D E R
The review petition is filed along with the delay of 372 days. The judgment in the writ petition was delivered by this Court on 21.12.2016. That judgment was challenged in W.A.No.1788/2017. A Division Bench disposed of the writ appeal on 17.11.2017 with liberty to the petitioner to seek review of the judgment. The petitioner obtained a copy of the judgment in writ appeal on 24.11.2017. Thereafter filed this review petition on 2.2.2018. There is no explanation as to the delay in filing the review petition after obtaining a copy of the judgment in writ appeal. In fact, the writ petition itself was dismissed taking note of the fact that the petitioner has not explained his locus standi to challenge the membership of the 5th respondent. The petitioner now put forward a new case in the review petition that he is the President of the 3 rd respondent Society. In fact, the very case of the 5th respondent is that he is the President of the Society. This Court cannot rely upon such bald statements in the review petition without any reference to the nature of membership held by the petitioner in the Society. Despite such adverse findings made in the judgment itself, doubting his locus standi, nothing is seen
2
R.P.No.125 of 2018
produced to establish locus standi.
Therefore, the delay petition and review petition are dismissed in
limine.
Sd/- A. MUHAMED MUSTAQUE, JUDGE.
cl
2 issues framed by the court
Whether the review petition filed with 372 days delay merits condonation and disposal on merits.
Whether the petitioner has the locus standi to challenge the membership of the 5th respondent.
S.K.JAYACHANDRAN
STATE OF KERALA
ELAVILAKOM POWER-LOOM CO-OPERATIVE SOCIETY LTD.
M.S. ANIL
THE DY.REGISTRAR, INDUSTRIES DEPT.
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
