IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH WEDNESDAY, THE 7^TH DAY OF AUGUST 2024 / 16TH SRAVANA, 1946 WP(C) NO. 27270 OF 2024 PETITIONER:

DR. SANDYA SUNIL AGED 55 YEARS W/O. SUNIL THOMAS, CHEMBAKAMATTOM, PALAKARA, KADUTHURUTHI, KOTTAYAM DISTRICT, PIN - 686604 BY ADVS.

M.SASINDRAN P.SHAHEED RESPONDENTS:

1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTTAYAM, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CIVIL STATION, COLLECTORATE.P.O, KOTTAYAM, PIN - 686002

2 THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), VAIKOM, VAIKOM.P.O, KOTTAYAM DISTRICT, PIN - 686604

3 THE INSPECTOR A & E, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), VAIKOM, VAIKOM.P.O, KOTTAYAM DISTRICT, PIN - 686604

4 THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING & PROCESSING SOCIETY LTD. NO.1397 KADUTHURUTHY.P.O KOTTAYAM DISTRICT, REPRESENTED BY ITS ADMINISTRATOR, PIN - 686604 SR.GP. SHEEJA C.S.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 7^th day of August, 2024 The petitioner is the wife of the defendant in Arbitration Case No.89/2022 filed by the 4^th respondent before the 1^st respondent - Joint Registrar. The defendant in the ARC is the husband of the petitioner. The petitioner is not a party to the aforesaid case.

2. The 1^st respondent issued an order of conditional attachment against the properties of the petitioner and her sons in the above Arbitration case.

3. The attachment of the properties of wife and her children for the dues of husband is illegal, arbitrary and violation of rights under Article 300A of the Constitution. No notice or intimation has been issued to the petitioner before attaching the properties of the petitioner and her children, which amounts to violation of principles of natural justice.

4. The petitioner has filed Exts.P5 and P6 before the

1^st respondent for impleading in the Arbitration Case and also for lifting the illegal attachment made against the properties of the petitioner in March, 2023 which was not considered till date either by the 1^st respondent or the Arbitrator.

5. The petitioner is aggrieved by the non-

consideration of applications for impleading in the ARC and also for lifting the illegal attachment order attaching the property that belongs to the petitioner and her children.

6. Senior Government Pleader entered appearance and resisted the writ petition. The Senior Government Pleader pointed out that the application for lifting of the attachment was received only on 29.11.2023. The petitioner is seeking reliefs without bonafide.

7. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader for respondents.

8. The limited prayer of the petitioner is to consider Exts.P5 and P6 applications. Ext.P5 is an application for impleading and Ext.P6 is for lifting attachment. The petitioner’s Ext.P6 application is of a statutory nature. I am of the view that the 1^st respondent – Joint Registrar shall consider the same in accordance with law.

Therefore, the writ petition is disposed of directing the

1^st respondent – Joint Registrar to consider and pass appropriate orders on Exts.P5 and P6 in accordance with law within a period of three months.

Sd/-

N. NAGARESH JUDGE Raj APPENDIX OF WP(C) 27270/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ARBITRATION PETITION FILED BY THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT DATED 03-03-

2022 Exhibit P2 A TRUE COPY OF THE ATTACHMENT ORDER NO.AEL/459/2022 DATED 04/03/2022 Exhibit P3 A TRUE COPY OF THE ORDER NO.636/2022 DATED 05/03/2022 OF THE INSPECTOR IN THE 2ND RESPONDENT Exhibit P4 TRUE COPIES OF THE DOCUMENT NOS.1705/2013 OF SRO KADUTHURUTHI AND

1706/2013 OF S.R.O.KADUTHURUTHI Exhibit P5 A TRUE COPY OF THE IMPLEADING PETITION DATED 23/03/2023 FILED BEFORE THE 1ST RESPONDENT Exhibit P6 A TRUE COPY OF THE PETITION DATED

23/03/2023 FOR VACATING THE ATTACHMENT