Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941 WP(C).No.35703 OF 2019(K) PETITIONER/S: 1 JAYASREE.E AGED 40 YEARS W/O.PERINCHERI CHANDRASHEKARAN, PANANCHERI VILLAGE, PATTIKKAD DESOM P.O., THRISSUR-680652. 2 CHANDRASHEKARAN, S/O.PERINCHERI RAGHAVAN, PANANCHERI VILLAGE, PATTIKKAD DESOM P.O., THRISSUR-680652. BY ADV. SRI.DILIP J. AKKARA RESPONDENT/S: 1 THE ASST. REGISTRAR OF CO-OP.SOCIETIES (G) THRISSUR, AYYANTHOLE, THRISSUR-680003. 2 FATHIMA NAGAR CO-OP. BANK LTD. NO.R 224, EAST FORT, THRISSUR-680005, REP. BY SECRETARY.
3 SPECIAL SALE OFFICER, FATHIMA NAGAR CO-OP. BANK LTD., C/O.OFFICE OF THE ASSISTANT REGISTRAR (G), AYYANTHOLE, THRISSUR-680003. OTHER PRESENT: SR GP K.P HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2020, ALONG WITH WP(C).35719/2019(L), WP(C).35720/2019(L), WP(C).35723/2019(M), WP(C).35732/2019(N), WP(C).35744/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.35703/19 & connections 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941 WP(C).No.35719 OF 2019(L) PETITIONER/S: 1 JAYASREE E., AGED 40 YEARS W/O. PERINCHERI CHANDRASHEKARAN, PANANCHERI VILLAGE, PATTIKKAD DESOM P.O., THRISSUR-680652. 2 CHANDRASHEKARAN, S/O. PERINCHERI RAGHAVAN, PANANCHERI VILLAGE, PATTIKKAD DESOM P.O., THRISSUR-680652. BY ADV. SRI.DILIP J. AKKARA RESPONDENT/S: 1 THE ASST. REGISTRAR OF CO-OP SOCIETIES (G), THRISSRU, AYYANTHOLE, THRISSUR-680003. 2 FATHIMA NAGAR CO-OP. BANK LTD., R.224, EAST FORT, THRISSUR-60005, REPRESENTED BY SECRETARY.
3 SPECIAL SALE OFFICER, FATHIMA NAGAR CO-OP. BANK LTD., C/O. OFFICE OF THE ASSISTANT REGISTRAR (G), AYYANTHOLE, THRISSUR- 680003. SR GP K.P HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2020, ALONG WITH WP(C).35703/2019(K), WP(C).35720/2019(L), WP(C).35723/2019(M), WP(C).35732/2019(N), WP(C).35744/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.35703/19 & connections 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941 WP(C).No.35720 OF 2019(L) PETITIONER/S: CHANDRASHEKARAN, AGED 48 YEARS S/O. PERINCHERI RAGHAVAN, PANACHERI VILLAGE, PATTIKKAD DESOM P.O., THRISSUR-680652. BY ADV. SRI.DILIP J. AKKARA RESPONDENT/S: 1 THE ASST. REGISTRAR OF CO-OP. SOCIETIES (G), THRISSUR, AYYANTHOLE, THRISSUR-680003. 2 FATHIMA NAGAR CO-OP. BANK LTD., NO.R.224, EAST FORT, THRISSUR-680005, REPRESENTED BY SECRETARY.
3 SPECIAL SALE OFFICER, FATHIMA NAGAR CO-OP. BANK LTD., C/O. OFFICE OF THE ASSISTANT REGISTRAR (G), AYYANTHOLE, THRISSUR- 680003. 4 JAYASREE E., W/O. PERINCHERI CHANDRASHEKARAN, PANCHERI VILLAGE, PATTIKKAD DESOM P.O., THRISSUR-680652. SR GP K.P HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2020, ALONG WITH WP(C).35703/2019(K), WP(C).35719/2019(L), WP(C).35723/2019(M), WP(C).35732/2019(N), WP(C).35744/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.35703/19 & connections 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941 WP(C).No.35723 OF 2019(M) PETITIONER/S: CHANDRASHEKARAN AGED 48 YEARS S/O.PERINCHERI RAGHAVAN, PANACHERI VILLAGE, PATTIKKAD DESOM.P.O., THRISSUR-680652 BY ADV. SRI.DILIP J. AKKARA RESPONDENT/S: 1 THE ASST. REGISTRAR OF CO-OP SOCIEITES (G) THRISSUR, AYYANHOLE, THRISSUR-680003 2 FATHIMA NAGAR CO-OP BANK LTD NO.R 224, EAST FORT, THRISSUR-680005, REP BY SECRETARY
3 SPECIAL SALE OFFICER, FATHIMA NAGAR CO-OP BANK LTD C/O.OFFICE OF THE ASSISTANT REGISTRAR (G), AYYANTHOLE, THRISSUR- 4 JAYASREE.E. W/O.PERINCHERI CHANDRASEKHARAN, PANACHERI VILLAGE, PATTIKKAD DESOM, P.O, THRISSUR-680652 SR GP K.P HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2020, ALONG WITH WP(C).35703/2019(K), WP(C).35719/2019(L), WP(C).35720/2019(L), WP(C).35732/2019(N), WP(C).35744/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.35703/19 & connections 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941 WP(C).No.35732 OF 2019(N) PETITIONER/S: CHANDRASHEKARAN AGED 48 YEARS S/O.PERINCHERI RAGHAVAN, PANANCHERI VILLAGE, PATTIKKAD DESOM, P.O., THRISSUR-680 652. BY ADV. SRI.DILIP J. AKKARA RESPONDENT/S: 1 THE ASST. REGISTRAR OF CO-OP SOCIETIES (G) THRISSUR, AYYANTHOLE, THRISSUR-680 003. 2 FATHIMA NAGAR CO-OP. BANK LTD.NO.R.224, EAST FORT, THRISSUR-680 005, REPRESENTED BY SECRETARY.
3 SPECIAL SALE OFFICER, FATHIMA NAGAR CO-OP. BANK LTD., C/O. OFFICE OF THE ASSISTANT REGISTRAR(G), AYYANTHOLE, THRISSUR-680 003. 4 JAYASREE.E., W/O.PERINCHERI CHANDRASHEKARAN, PANANCHERI VILLAGE, PATTIKKAD DESOM P.O., THRISSUR-680 652. SR GP K.P HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2020, ALONG WITH WP(C).35703/2019(K), WP(C).35719/2019(L), WP(C).35720/2019(L), WP(C).35723/2019(M), WP(C).35744/2019(P), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.35703/19 & connections 6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941 WP(C).No.35744 OF 2019(P) PETITIONER/S: JAYASREE.E AGED 40 YEARS W/O.PERINCHERI CHANDRASHEKARAN, PANANCHERI VILLAGE, PATTIKKAD DESOM, P.O., THRISSUR-680 652. BY ADV. SRI.DILIP J. AKKARA RESPONDENT/S: 1 THE ASST. REGISTRAR OF CO-OP SOCIETIES (G) THRISSUR, AYYANTHOLE, THRISSUR-680 003. 2 FATHIMA NAGAR CO-OP BANK LTD. NO.R.224, EAST FORT, THRISSUR-680 005, REPRESENTED BY SECRETARY.
3 SPECIAL SALE OFFICER, FATHIMA NAGAR CO-OP. BANK LTD., C/O.OFFICE OF THE ASSISTANT REGISTRAR(G), AYYANTHOLE, THRISSUR-680 003. SR GP K.P HARISH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2020, ALONG WITH WP(C).35703/2019(K), WP(C).35719/2019(L), WP(C).35720/2019(L), WP(C).35723/2019(M), WP(C).35732/2019(N), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.35703/19 & connections 7
JUDGMENT
In all these writ petitions, the petitioners, who are aggrieved by an ex parte award passed by the 1 st respondent, and the consequent attachment proceedings initiated at the instance of the 3 rd respondent, seek a direction to the 1st respondent, before whom they have preferred Ext.P3 petition to set aside the ex parte award, to consider and pass orders on the same expeditiously, and to keep in abeyance further proceedings pursuant to the attachment notices, in the meanwhile.
2. I have heard the learned counsel for the petitioners and the learned
Government Pleader for the 1st respondent. In the nature of the order that I propose to pass, I do not deem it necessary to issue notice to the 2 nd and 3rd respondents.
3. On a consideration of the facts and circumstances of the case and the
submissions made across the Bar, I dispose the writ petitions by directing the 1st respondent to consider and pass orders on Ext.P3 petitions for setting aside the ex parte award within a period of four weeks from the date of receipt of a copy of this judgment, after hearing the petitioners and others likely to be affected by any orders to be passed by the 1 st respondent. It is made clear that further proceedings pursuant to the attachment notices impugned in these writ petitions shall be kept in abeyance till such time as W.P.(C).No.35703/19 & connections 8 orders are passed by the 1 st respondent, as directed, and the orders communicated to the petitioners. The petitioners shall produce a copy of the writ petitions, together with a copy of this judgment, before the 1 st respondent for further action. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE okb //True copy// P.S. to Judge W.P.(C).No.35703/19 & connections 9 APPENDIX OF WP(C) 35703/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE 1ST PAGE OF LOAN PASS BOOK G DES NO.1198 ISSUED BY 2ND RESPONDENT. EXHIBIT P2 PHOTOCOPY OF ATTACHMENT NOTICE IN EP1095/15 DATED 14.11.19 ISSUED BY 3RD RESPONDENT. EXHIBIT P3 PHOTOCOPY OF UNNUMBERED IA IN ARC 404/14 DATED 30.11.19 FILED BY PETITIONER. W.P.(C).No.35703/19 & connections 10 APPENDIX OF WP(C) 35719/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE 1ST PAGE OF LOAN PASS BOOK G DES NO.1196 ISSUED BY 2ND RESPONDENT. EXHIBIT P2 PHOTOCOPY OF ATTACHMENT NOTICE IN EP1093/15 DATED 14/11/2019 ISSUED BY 3RD RESPONDENT. EXHIBIT P3 PHOTOCOPY OF UNNUMBERED IA IN ARC 402/2014 DATED 30/11/2019 FILED BY PETITIONER. W.P.(C).No.35703/19 & connections 11 APPENDIX OF WP(C) 35720/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE 1ST PAGE OF LOAN PASS BOOK G DES NO.1194 ISSUED BY 2ND RESPONDENT. EXHIBIT P2 PHOTOCOPY OF ATTACHMENT NOTICE IN EP1091/15 DATED 14/11/19 ISSUED BY 3RD RESPONDENT. EXHIBIT P3 PHOTOCOPY OF UNNUMBERED IA IN ARC 400/14 DATED 30/11/19 FILED BY PETITIONER. W.P.(C).No.35703/19 & connections 12 APPENDIX OF WP(C) 35723/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE 1ST PAGE OF LOAN PASS BOOK GDES NO.1193 ISSUED BY 2ND RESPONDENT EXHIBIT P2 PHOTOCOPY OF ATTACHMENT NOTICE IN EP RESPONDENT EXHIBIT P3 PHOTOCOPY OF UNNUMBERED IA IN ARC 399/14 DATED 30.11.19 FILED BY PETITIONER W.P.(C).No.35703/19 & connections 13 APPENDIX OF WP(C) 35732/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE 1ST PAGE OF LOAN PASS BOOK G DES NO.1195 ISSUED BY 2ND RESPONDENT. EXHIBIT P2 PHOTOCOPY OF ATTACHMENT NOTICE IN EP1092/15 DATED 14.11.2019 ISSUED BY 3RD RESPONDENT. EXHIBIT P3 PHOTOCOPY OF UNNUMBERED IA IN ARC 399/14 DATED 30.11.2019 FILED BY PETITIONER. W.P.(C).No.35703/19 & connections 14 APPENDIX OF WP(C) 35744/2019 PETITIONER'S/S EXHIBITS: EXHIBIT P1 PHOTOCOPY OF THE 1ST PAGE OF LOAN PASS BOOK G DES NO.1197 ISSUED BY 2ND RESPONDENT. EXHIBIT P2 PHOTOCOPY OF ATTACHMENT NOTICE IN EP1094/15 DATED 14.11.2019 ISSUED BY 3RD RESPONDENT. EXHIBIT P3 PHOTOCOPY OF UNNUMBERED IA IN ARC 403/14 DATED 30.11.2019 FILED BY PETITIONER.