Kerala High Court
WP(C)/38169/2008 of K.K. PURUSHAN Vs JOINT REGISTRAR OF CO-OPERATIVE SOCIETY on 30 December 2008
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930 WP(C).No. 38169 of 2008(R) -------------------------- PETITIONER(S): --------------- K.K.PURUSHAN, S/O.K.A.KRISHNAN, KORAMANGALATH HOUSE, KONTHURUTHY,
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN
TUESDAY, THE 30TH DECEMBER 2008 / 9TH POUSHA 1930
WP(C).No. 38169 of 2008(R)
--------------------------
PETITIONER(S):
---------------
K.K.PURUSHAN, S/O.K.A.KRISHNAN,
KORAMANGALATH HOUSE, KONTHURUTHY,
THEVARA P.O., KOCHI-682 013.
BY ADV. SRI.B.S.SWATHY KUMAR
RESPONDENT(S):
---------------
1. THE JOINT REGISTRAR OF CO-OPERATIVE
SOCIETIES (GENERAL), ERNAKULAM.
2. ARBITRATION/EXECUTION SALE OFFICER,
THEVARA URBAN CO-OPERATIVE SOCIETY LTD., NO.E.784, THE INSPECTOR OF CO-OPERATIVE
SOCIETIES, KANAYANNUR,
KOCHI-682 016.
3. THE THEVARA URBAN CO-OPERATIVE
SOCIETY LTD.NO.E.784, REPRESENTED BY
ITS SECRETARY, H.O.THEVARA, KOCHI-682 013.
BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30/12/2008,THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
THOTTATHIL B. RADHAKRISHNAN, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 38169 OF 2008
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Dated this the 30[th] day of December, 2008
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
JUDGMENT
Having regard to the nature of the directions being issuedherein, notice to the 3[rd] respondent is dispensed with preserving hisright to move this court, if aggrieved.
2. The petitioner faces execution proceedings followingExts.P1 and P2 arbitration awards. He has paid certain amounts asevidenced by Ext.P6. According to him, he is entitled to the benefitof one time settlement on account of some circulars issued by theCo-operative Department through the Registrar. Taking that intoconsideration and also the fact that the petitioner has made certainpayments, it is necessary that competent authority considers thequestion of applicability of any of the circulars to the case of thepetitioner. Apart from that the documents shall be released only tothe due execution and satisfaction of the arbitration awards.
3. This is a matter that has to be considered by the sale officer.
The applicability of the circulars can also be considered by the saleofficer with notice to the 3[rd] respondent. Under such circumstances,it is ordered that further distress action against the petitioner willstand suspended for a period of three months and the 2[nd] respondentwill consider whether the petitioner is entitled to the benefit of any ofthe circulars governing the field of recovery including any scheme forreducing the total outstandings. The 2[nd] respondent will give credit toall payments which have been made and fix the remaining amountdue accordingly. Further execution will be only following the decisionof the 2[nd] respondent in terms of what is stated above.
Writ Petition is ordered accordingly.
ttb 30/12
THOTTATHIL B. RADHAKRISHNAN, JUDGE