High Court of KeralaWP(C)/15199/2015disposed of

K.Vijayan Nair v. The Registrar

2015-06-29Honourable Mr. Justice Dama Seshadri Naidu4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU MONDAY, THE 29TH DAY OF JUNE 2015/8TH ASHADHA, 1937 WP(C).No. 15199 of 2015 (Y) -------------------------------------- PETITIONER : - ---------------------- K.VIJAYAN NAIR, AGED 61 YEARS, S/O.LATE KUTTAN PILLAI, USHABHAVANAM, KANJIRODU, KUNDARA PO, KOLLAM DISTRICT BY ADVS.SRI.R.MOHANA BABU SRI.M.AJITH (KARICODE) RESPONDENTS : - ---------------------------

1. THE REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

2. AHSOK KUMAR, AGED 55 YEARS, S/O.CHANDRASEKHARAN NAIR, AJITHALAYAM, PUNUKANNOOR CHERI, PERUMPUZHA PO., KOLLAM 691 504.

3. RETURNING OFFICER, DEPUTY EXTENSION OFFICER, DIARY EXTENSION SERVICE UNIT, MINI CIVIL STATION, KUNDARA PO, KOLLAM 691 501.

4. DEPUTY DIRECTOR, DIARY DEVELOPMENT, ANDAMUKKAM, KOLLAM 691 501.

5. DIRECTOR, DIARY DIRECTORATE, PATTOM PO., THIRUVANANTHAPURAM.

6. KUNDARA KSHEERA VYAVASAYA CO-OPERATIVE SOCIETY LTD, Q-88, KUNDARA PO, KUNDARA, KOLLAM 691 501., REPRESENTED BY ITS SECRETARY. BY Sr. GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 15199 of 2015 (Y) --------------------------------------- APPENDIX PETITIONER'S EXHIBITS : - ------------------------------------- EXHIBIT P1 : TRUE COPY OF THE PETITION DATED 24.7.2015 FILED BEFORE CO-OPERATIVE ARBITRATION TRIBUNAL, THIRUVANANTHAPURAM BY THE PETITIONER.

RESPONDENTS' EXHIBIT : - NIL.

--------------------------------------- // TRUE COPY // P.A. TO JUDGE DMR/-

DAMA SESHADRI NAIDU, J.

--------------------------------------- W.P.(c) No. 15199 of 2015 ---------------------------------------- Dated this the 29th day of June, 2015

JUDGMENT

Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself.

2. Briefly stated, the petitioner, a member of the sixth respondent Society, has a grievance against the acceptance by the third respondent the nomination of and permission granted to the second respondent. Ventilating the said grievance, the petitioner is said to have filed O.P. (Election) No. 31/2012 before the first respondent, who is the arbitrator. Seeking an expeditious disposal of the said O.P., the petitioner has filed the present writ petition.

W.P.(c) No. 15199 of 2015

3. The learned Government Pleader has submitted that the first respondent does not have any objection to consider O.P. (Election) No. 31/2012, at the earliest. Though notice is served on the other respondents, it seems that none of them has entered appearance.

4. Be that as it may, given the limited scope of the writ petition, especially given the fact that the learned Government Pleader has submitted that the first respondent would be making every endeavour to dispose of the Election O.P. at the earliest, the present writ petition is disposed of with a direction to the first respondent to consider Exhibit P1 Election Petition, after affording an opportunity of hearing to all the parties concerned and pass appropriate orders thereon, as expeditiously as possible, at any rate, within six months from the date of receipt of a copy of this judgment. With the above observation, this writ petition is disposed of. No order as to costs.

DAMA SESHADRI NAIDU JUDGE DMR/-