Allowed

Smitha S., v. Harikrishnan .S.

Kerala HC17 Nov 2021RP/563/2021

Case brief

AI extract

What is this about?

The High Court of Kerala recalled its earlier judgment in WP(C) No. 3671/2020 and allowed the review petition filed by Smitha S. The court observed that the pendency of WP(C) No. 7573/2020 was overlooked in the earlier order and directed that all related proceedings be heard and disposed of together to serve the interest of justice.

What did the court decide?

Review petition allowed; judgment in WP(C) No. 3671/2020 recalled; matter directed to be heard together with WP(C) No. 7573/2020; status quo maintained on appointment.

Smitha S., Vs Harikrishnan .S. — Cooperative Societies | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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WEDNESDAY, THE 17^TH DAY OF NOVEMBER 2021 / 26TH KARTHIKA, 1943 RP NO. 563 OF 2021 IN WP(C) 3671/2020

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AGAINST THE ORDER/JUDGMENT IN WP(C) 3671/2020 OF HIGH COURT OF KERALA, ERNAKULAM

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REVIEW PETITIONER/RESPONDENT NO.3:

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SMITHA S., AGED 38 YEARS W/O. ANIL KUMAR P., VALIYA KAIPPALLIL VADAKKATHIL HOUSE, PANAPPETTI, PORUVAZHI POST, SASTHAMKOTTAH, KOLLAM DISTRICT-690520.

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BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE

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RESPONDENTS/WRIT PETITIONER & RESPONDENTS 1, 2 &4:

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1 HARIKRISHNAN .S., AGED 30 YEARS SANADANA MANDIRAM, PERUVELIKKARA, SASTHAMKOTTA, KOLLAM.

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2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM 690 001.

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3 THE KARIMTHOTTUVA SERVICE CO-OPERATIVE BANK, LTD., NO. 2594, REPRESENTED BY SECRETARY, KARIMTHOTTUVA P.O., 690 520, KOLLAM DISTRICT.

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4 ANALIKA AJAY, ANALIKA, MITHUPILAKKAD WEST, MUTHUPILAKKAD, KOLLAM 690 520.

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GP V.VENUGOPAL

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ADV.P.N.MOHANAN

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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RP NO. 563 OF 2021 IN WP(C) 3671/2020

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ORDER

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Heard the learned counsel for the review petitioner and

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the learned counsel for the contesting respondent Adv.P.N.Mohanan. After hearing both sides, it seems that while pronouncing the judgment in WP(C)No.3671/2020, the pendency of WP(C)No.7573/2020 could not brought to the notice of this court. It seems from para 4 of the review petition that Ext.P3 proceedings of the Joint Registrar was under challenge in WP(C)No.7573/2020 at the instance of the writ petitioner. I feel that this will be the interest of both sides that the matter is heard and disposed of together. In this circumstance, I am inclined to review the earlier judgment of this court dated 2.08.2021. Review Petition is allowed and judgment dated 02.08.2021 in W.P.(C)No.3671/2020 is recalled. The respondent has a grievance that she stands appointed pursuant to the judgment dated 2.8.2021. It is made clear that in relation to her appointment, status quo will continue till the disposal of

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RP NO. 563 OF 2021 IN WP(C) 3671/2020

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the writ petitions. In the light of the pendency of WP(C)No.7573/2020, it will be better that both cases are heard together as per roster.

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Post W.P.(C)No.3671/2020 along with

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sd/-

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SUNIL THOMAS, JUDGE

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R.AV

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RP NO. 563 OF 2021 IN WP(C) 3671/2020

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APPENDIX OF RP 563/2021

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PETITIONER ANNEXURE

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Annexure 1 TRUE COPY OF THE INTERIM ORDER DATED 12/03/2020 IN WPC NO.7573/2020 PASSED BY THIS HON'BLE COURT.

Smitha S., v. Harikrishnan .S.

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Smitha S., v. Harikrishnan .S.

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