M.SATHEERATNAM vs PERINTHALMANNA TALUK CO-OPERATIVE EDUCATIONAL SOCIETY LTD

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Online)(KER) 52778

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE SHAJI P.CHALY WEDNESDAY, THE 31ST DAY OF MAY 2017/10TH JYAISHTA, 1939
WP(C).No. 17361 of 2013 (U) ---------------------------- PETITIONER(S)/PETITIONER:
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M.SATHEERATNAM, MUTHUVARA HOUSE, P.O. PERINTHALMANNA, MALAPPURAM.

BY ADV. SRI.P.P.JACOB RESPONDENT(S)/RESPONDENTS: --------------------------
1. PERINTHALMANNA TALUK CO-OPERATIVE EDUCATIONAL SOCIETY LTD NO. M.358,
PERINTHALMANNA, MALAPPURAM DISTRICT-679 322. REP. BY ITS SECRETARY

2. THE BOARD OF DIRECTORS OF THE PERINTHALMANNA TALUK CO-OPERATIVE EDUCATIONAL SOCIETY LTD NO. M.358, PERINTHALMANNA, MALAPPURAM DISTRICT-679 322.
3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), MALAPPURAM-676 121. R1-R2 BY ADV. SRI.U.K.DEVIDAS R3 BY SENIOR GOVERNMENT PLEADER SRI.P.M.MANOJ

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31-05-2017, ALONG WITH WPC. 18580/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SKG
WP(C).No. 17361 of 2013 (U) ----------------------------
APPENDIX PETITIONER(S)' EXHIBITS -----------------------
EXHIBIT P1. TRUE PHOTOCOPY OF THE JUDGMENT IN WPC
NO.26173/09 DATED 23/3/2011. EXHIBIT P2.

TRUE PHOTOCOPY OF THE AWARD IN A.R.C.

NO.167/2011 DATED 1/3/2013. EXHIBIT P3. TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS 1 AND 2

DATED 30/3/2013.

EXHIBIT P4. TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17/4/2013. EXHIBIT P5. TRUE PHOTOCOPY OF THE JUDGMENT IN R.P.50/2013 DATED 19.3.2014 RESPONDENT(S)' EXHIBITS -----------------------
NIL /TRUE COPY/ P.S. TO JUDGE SKG SHAJI P. CHALY, J. --------------------------------------------------

W.P.(C) Nos.17361 of 2013 & 18580 of 2014
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Dated this the 31 st day of May, 2017

JUDGMENT

The captioned writ petitions are materially connected.

Petitioner in W.P.(C) No.17361 of 2013 is the beneficiary of

Ext.P2 award, confirmed by Kerala Co-operative Tribunal, as per Ext.P5. Petitioner in W.P.(C) No.18580 of 2014 is the 1 st respondent in the other writ petition. Therefore, I heard them together and propose to deliver a common judgment.

2. According to the petitioner in W.P.(C) No.17361 of

2013, the award passed by the Co-operative Arbitration Court has become final and the petitioner is entitled to get all the benefits provided thereunder, especially when the same is affirmed by the Tribunal as per Ext.P5 judgment. On the other hand, the 1

st respondent who is the petitioner in W.P.(C)

No.18580 of 2014 challenges the arbitration award as well as the revisional order passed by the Tribunal, contending that the Arbitration Court as well as the Revisional authority have not taken into account the legal intricacies involved in the matter and the factual circumstances projected by the society.

W.P.(C) Nos.17361/13 & 18580/14

3. Anyhow, going through the orders passed by the respective statutory authorities, I am of the considered opinion that, the orders were passed on the basis of ascertaining the factual circumstances employed by both sides and ultimately entering into a conclusion on the basis of absolute fact circumstances. This Court is not expected to sit over the factual circumstances ascertained by the statutory authorities and to give a conclusion. The petitioner society is unable to establish any illegality or perversity in the appreciation of factual circumstances undertaken by the statutory authorities so as to interfere under Article 226 of the Constitution of India. That being the situation, I do not think that the petitioner in W.P.(C) No.18580 of 2014 is entitled to succeed in this writ petition. Therefore, the said writ petition fails, accordingly the same is dismissed.

4. Consequentially, there will be a direction to the 1

respondent society in W.P.(C) No.17361 of 2013 to implement

Ext.P2 award passed by the Co-operative Arbitration Court at the earliest possible time, and at any rate, within two months from the date of receipt of a copy of this judgment.

W.P.(C) Nos.17361/13 & 18580/14 W.P.(C) No.17361 of 2013 is disposed of accordingly.

Sd/- SHAJI P. CHALY JUDGE

St/-

31.05.2017

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