Alavikutty v. The Registrar And 3 Others

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 10TH DAY OF FEBRUARY 2015/21ST MAGHA, 1936 WP(C).No. 26113 of 2010 (L) ---------------------------- PETITIONER:

-------------------------- ALAVIKUTTY.A., S/O.MOIDEEN, P.O. PONMALA, ERNAD TALUK, MALAPPURAM DISTRICT. BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENTS:

----------------------------

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

2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM.

MALAPPURAM P.O., PIN - 676 505.

3. THE ASSISTANT REGISTRAR/SPECIAL ARBITRATOR, MALAPPURAM DISTRICT CO-OPERATIVE BANK MALAPPURAM, MALAPPURAM P.O., PIN - 676 505.

4. THE SPECIAL SALE OFFICER, THE MALAPPURAM DISTRICT CO-OPERATIVE BANK LTD. MALAPPURAM. MALAPPURAM P.O., PIN - 676 505.

R,R1 - R4 BY ADV. GOVERNMENT PLEADER, SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P.(C) No.26113/2010 APPENDIX PETITIONER'S EXTS:

EXT.P1:

COPY OF NOTICE DT.15.7.2010.

EXT.P2:

COPY OF REPLY DT.2.8.2010 RECEIVED FROM THE 3RD RESPONDENT.

EXT.P3:

COPY OF REPLY DT.2.8.2010 RECEIVED FROM THE 4TH RESPONDENT.

EXT.P4:

COPY OF APPLICATION DT.23.7.2010.

EXT.P5:

COPY OF AFFIDAVIT AND APPLICATION DT.23.7.2010. //TRUE COPY// PA TO JUDGE

V. CHITAMBARESH, J.

-------------------------------- W.P.(C).No.26113 OF 2010 -------------------------------- Dated this the 10th day of February, 2015

J U D G M E N T

~~~~~~~~~~~ The parties are at variance as to whether the award in A.R.C. 161/2006-07 passed by the 3rd respondent has been despatched by registered post. The duty vests in the 3rd respondent to despatch the copy of the award by registered post under Rule 68 of the Kerala Co-operative Societies Rules 1969. I, therefore, direct the 3rd respondent to desptach a copy of the award in A.R.C.161/2006-07 to the petitioner by registered post within a period of one month.

2.

The petitioner also seeks to quash the revenue recovery proceedings initiated in execution of the award. But the award holder, who is the Malappuram District Co-operative Bank Ltd., has deliberately not been impleaded in this Writ Petition. I, therefore, reject the prayer of the petitioner to quash the revenue recovery proceedings initiated by the bank in execution of the award in question.

The Writ Petition is disposed of.

V. CHITAMBARESH, JUDGE.

ps/10/2/2015