C.Varghese Nadar v. The Cooperative Arbitration Court

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 ---------------------------------------- PETITIONER:

-------------------------- C.VARGHESE NADAR AGED 66 YEARS S/O. CHELLAYYAN NADAR V.P. SADANAM THIRUPURAM DESOM THIRUPURAM VILLAGE NEYYATTINKARA TALUK BY ADV. SRI.R.T.PRADEEP RESPONDENTS:

---------------------------- 1.

THE CO-OPERATIVE ARBITRATION COURT REPRESENTED BY ITS SECRETARY THIRUVANANTHAPURAM - 695 001 2.

T.NO. 79(D), REPRESENTED BY ITS SECRETARY KANCHAMPAZHANJI P.O., 3.

THE RETURNING OFFICER T.NO. 79(D), PARASSALA BLOCK DAIRY DEVELOPMENT OFFICER PARASSALA P.O., PIN - 695 525 4.

MADHU K.

MELEKANJIRAVILAKOM THIRUPURAM PO ELECTED MEMBER

5.

ANILKUMAR P.

ANIL BHAVAN KANCHAMPAZHANJI ELECTED MEMBER 6.

BABU A ELECTED MEMBER 7.

AUGUSTINE NADAR MEMBER NO.154 ANTHIKUDI VEEDU 8.

CHANDRAMOHAN V.

MEMBER NO. 190 V.P. MANDIRAM THIRUPURAM 9.

P. SUKUMARAN NAIR MEMBER NO. 117 THIRUTHARA VEEDU 10.

REMANI J MEMBER NO. 313 KATTILAVILA VEEDU

11.

SELVAKUMARI MEMBER NO. 338 AVANNAMMOOLA VEEDU 12.

SREELATHA R.

MEMBER NO. 344 R1 BY GOVERNMENT PLEADER SRI. T. R. RAJESH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 :

COPY OF PLAINT DATED 20.05.2013 IN ARC NO. 36/2013 BEFORE THE 1ST RESPONDENT P2 :

COPY OF WRITTEN STATEMENT OF 2ND RESPONDENT DATED 3.10.2013 BEFORE THE 1ST RESPONDENT P3:

COPY OF DATED 3.10.2013 SEEKING TO DISMISS THE ELECTION PETITON AS NOT MAINTAINABLE BEFORE THE 1ST RESPONDENT P4:

COPY OF STATEMENT OF FACTS DATED 21.6.2013 BY THE THIRD RESPONDENT BEFORE THE 1ST RESPONDENT P5:

COPY OF WRITTEN STATEMENT DATED 30.08.2013 BY RESPONDENTS 4 TO 12 BEFORE THE 1ST RESPONDENT P6:

COPY OF ORDER DATED 28.10.2014 BY DEPUTY DIRECTOR OF DAIRY DEVELOPMENT P7:

COPY OF I.A. NO. 53/2013 DATED 30.08.2013 IN ARC NO. 36/2013 BEFORE THE 1ST RESPONDENT P8:

COPY OF ARGUMENT NOTE BY PETITIONER DATED 20.03.2015 BEFORE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS:- NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO.12102 OF 2015 ---------------------------------------- Dated this the 10th day of April, 2015

JUDGMENT

The petitioner seeks an early disposal of an arbitration case. The same is an election dispute in terms of Section 69 of the Kerala Co-operative Societies Act, 1969.

2.

I dispose of the writ petition with the following directions:- i) Exts. P3 and P7 interlocutory applications filed questioning the maintainability of arbitration case shall be considered and disposed of within one month from the date of production of a copy of this judgment.

ii) Every endeavour shall be made to dispose of A.R.C. No. 36/2013 on the file of the first respondent within a period of three months in case it is found that the arbitration case is maintainable in law.

The first respondent shall scrupulously adhere to the time limit and take necessary follow up action. The writ petition is disposed of.

V. CHITAMBARESH JUDGE