JUDGMENT

The writ petition is filed, inter alia, to direct the 6^th respondent to accept the vakalath and the preliminary objection filed by the petitioner in PLP 665/2024 filed by the 4^th respondent.

2. The petitioner is a Co-operative Society. The 5^th respondent is a member of the petitioner. On 24.10.2013, the 5^th respondent had availed a loan from the petitioner by creating a gahan, as provided under Section 36A of the Kerala Co-operative Societies Act. The original title deeds of the 5^th respondent's property are deposited with the petitioner. The petitioner received a notice from the Kochi Taluk Legal Service Committee (6^th respondent) to appear before an Adalath on 02.10.2024 in the above PLP filed by the 4^th respondent, acting as the power of attorney holder of the 3^rd respondent. The PLP is filed against the respondents 1 and 2, alleging that they are not effecting mutation of a property purchased by the 3^rd respondent in E.P.No.4/2020 on the file of the Court of the Subordinate Judge, Kochi. Although the petitioner appeared before the 6^th respondent through its Counsel and filed a preliminary objection questioning the maintainability of the PLP, the 6^th respondent has refused to accept the objection stating that the petitioner is not a party to the PLP. The refusal of the 6^th respondent to accept the vakalath and objection is illegal and arbitrary. Hence, the writ petition.

3. Heard; the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the respondents 3 and 4.

4. When the writ petition came up for consideration on 07.11.2024, this Court had stayed further proceedings in the PLP, called for records in the PLP and a report from the 6^th respondent.

5. Pursuant to the said order, the 6^th respondent has forwarded a report along with the case records. 6. On a perusal of the order sheet, it is seen that, on 08.06.2024, the 6^th respondent had directed the respondents 3 and 4 to implead the petitioner as an additional respondent. However, the same has not been done. Nonetheless, the 6^th respondent has issued notice to the petitioner.

7. Pursuant to the said notice, the petitioner appeared before the 6^th respondent and filed the vakalath and objection. Then, the 6^th respondent took the stand that, as the petitioner is not a party, the vakalath and the preliminary objection cannot be accepted. Since the 6^th respondent has ordered the 3^rd respondent to implead the petitioner as an additional respondent, I am of the view that the petitioner is to be suo-motu impleaded in PLP 665/2024 as an additional respondent and be given an opportunity to contest the proceedings on its merits, which would do complete justice to both sides.

Accordingly, the writ petition is ordered as follows:

(i) The petitioner is suo-motu impleaded as the additional 3^rd respondent in PLP 665/2024.

(ii) The petitioner would be at liberty to file its vakalath and preliminary objection in PLP 665/2024 through its Counsel.

(iii) The 6^th respondent is directed to consider PLP 665/2024, in accordance with law, and as expeditiously as possible, after affording the petitioner and the respondents 3 and 4 an opportunity of being heard.

(iv) The interim order dated 07.11.2024 will stand extended till a decision is taken on the preliminary objection filed by the petitioner.

Sd/-

C.S.DIAS, JUDGE rkc/16.12.24 APPENDIX OF WP(C) 39348/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE LOAN APPLICATION DATED

24.10.2013 Exhibit P2 TRUE COPY OF THE SURETY BOND DATED

26.10.2013 Exhibit P3 TRUE COPY OF THE GEHAN DATED 25.10.2013 Exhibit P4 TRUE COPY OF THE RENEWAL APPLICATION DATED 28.02.2019 Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF ENCUMBRANCE DETAILS FROM 15.06.2012 TO

18.03.2019 Exhibit P6 TRUE COPY OF THE NOTICE IN PLP 665/2024 WHICH HEARING SHOWN ON 02.10.2024 Exhibit P7 TRUE COPY OF PLP 665/2024 OF THE KOCHI LEGAL SERVICE COMMITTEE DATED 12.06.2024 Exhibit P8 TRUE COPY OF THE VAKKALATH DATED

02.10.2024 Exhibit P9 TRUE COPY OF TH