IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 7^TH DAY OF FEBRUARY 2025 / 18TH MAGHA, 1946 WP(C) NO. 44955 OF 2024 PETITIONERS:

1 SARALA K.N., AGED 70 YEARS W/O. LATE KUTTAPPAN @ KUTTAPPI, KOTTITHARA HOUSE, VADAKARA P.O, VELLOOR, KOTTAYAM, PIN - 686609 2 MANESHKUMAR, AGED 42 YEARS S/O. LATE KUTTAPPAN @ KUTTAPPI, KOTTITHARA HOUSE, VADAKARA P.O, VELLOOR, KOTTAYAM, PIN - 686609

3 ABHILAH C.K., AGED 38 YEARS S/O. LATE KUTTAPPAN @KUTTAPPI, KOTTITHARA HOUSE, VADAKARA P.O, VELLOOR.KOTTAYAM, PIN -

686609 BY ADV RESMI NANDANAN RESPONDENTS:

1 THE SALE OFFICER KEECHERRY SUB GROUP, C/O. THE ASSISTANT REGISTRAR (GENERAL), ERNAKULAM, PIN - 682312

2 THE ASSISTANT REGISTRAR (GENERAL)

OFFICE OF THE ASSISTANT REGISTRAR OF THE CO- OPERATIVE SOCIETIES, KANAYANNOOR, ERNAKULAM, PIN - 682312

3 THE SECRETARY THE KEECHERRY SERVICE CO-OPERATIVE BANK NO.

668, KANAYANNOOR, ERNAKULAM, PIN - 682312 BY ADVS.

KAVERY S THAMPI SARANGADHARAN P.(K/313/2020)

R BY GP SMT.K.B.SONY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.02.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioners are the legal heirs of late Kuttappan, who availed a loan from the 3^rd respondent Society in the year 2015. The principal mortgagor died on 09.07.2018. The 2^nd respondent Arbitrator passed Ext.P1 award with the principal mortgagor in the party array and without impleading the legal heirs. Accordingly, this writ petition is filed challenging Ext.P1 award. Pursuant to the award, steps were taken to execute the same and Ext.P5 is the demand notice. Challenging Ext.P1 award and the further proceedings in furtherance of Ext.P5 demand notice, the petitioners have approached this Court.

2. This Court, by order dated 17.12.2024, stayed further proceedings pursuant to Ext.P5 for six weeks.

3. The learned counsel for the respondent Society entered appearance and conceded that the award was passed with the deceased principal mortgagor on the party array.

4. It is trite that an award passed with a deceased person on the party array is nullity. Accordingly, Ext.P1 award is set aside without prejudice to the right of the Society to take steps to recover the loan in accordance with law.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB APPENDIX PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE AWARD DATED 21/07/2023 Exhibit P2 A TRUE COPY OF THE DEATH CERTIFICATE DATED

20/10/2021 Exhibit P3 A TRUE COPY OF THE RELATIONSHIP CERTIFICATE DATED 22/10/2021 ISSUED BY THE VILLAGE OFFICER AMBALLOOR Exhibit P4 A TRUE COPY OF THE TAX RECEIPT DATED

01/04/2024 Exhibit P5 A TRUE COPY OF THE DEMAND NOTICE FOR EXECUTION OF THE AWARD DATED 21.11.2024