IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 6TH AUGUST 2008 / 15TH SRAVANA 1930 WP(C).No. 23261 of 2008(T) -------------------------- PETITIONER: ------------ VIMALA.P.,AGE 46 YEARS MURALEEDHARAN, K.R.MANDIRAM, PLACHERY PO., PUNALUR, KOLLAM BY ADV. R.SURAJ KUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF CO- OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR (GENERAL), DEPARTMENT OF CO.OP.SOCIETIES, KOLLAM 3. ASSISTANT REGISTRAR, CO.OP.SOCIETIES PUNALUR. 4. SPECIAL ARBITRATION-CUM-SALE OFFICER KERALA STATE CO.OP.HOUSING FEDERATION MULLOOR ROAD, VENCHIYOOR PO., THIRUVANANTHAPURAM. 5. THE SECRETARY, THE PATHANAPURAM BLOCKHOUSING CO-OPERATIVE SOCIETY LTD., CHEMMANTHOOR, PUNALUR. R1 TO R4 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23261 OF 2008 ------------------------------------------- Dated this the 6th day of August, 2008 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the 5th respondent dispensed with, preserving its right to move for review of this judgment, if aggrieved. Learned government Pleader appears for the other respondents. 2. The plea of the petitioner is that there is virtually excessive execution and recovery of amounts due under an arbitration award. It is also pointed out that the arbitration award was passed ex parte and the award amount itself is excessive. It is a matter of record that after the award was issued under the Kerala Co-operative Societies Act, 1969, the petitioner chose to file a suit before a civil court when distress action was taken. That was dismissed. The aforesaid scenario will show that the petitioner had a remedy of challenging the award or at least going to the executing officer, viz., the 4th respondent, to state WPC.23261/08 Page numbers that there is excessive execution of the award. Being a housing federation matter, it would have also been open to the petitioner to move the Kerala State Co-operative Housing Federation, for ameliorative measures that can be extended within the scheme of law and circulars, if any, binding on the parties. 3. In the aforesaid circumstances, while repelling the contention of the petitioner that interference of this Court is necessary on a jurisdictional issue, it is ordered that if the petitioner appears before the 4th respondent, the question whether the amount put for execution is the amount actually due in terms of the award will be looked into by the 4th respondent. This judgment also does not stand in the way of the petitioner moving the Kerala State Co-operative Housing Federation, through its competent officer, for any relief by way of reduction in the total outstandings. However, all this will be on condition that the petitioner makes such request within an outer limit of one month from now and until a decision is taken as aforesaid, the petitioner pays amounts at the rate of Rs.7,500/- per month, WPC.23261/08 Page numbers payable on or before the 25th of every month commencing from August, 2008. Any request by the petitioner as aforesaid will be determined within an outer limit of four months from now. The writ petition is disposed of as above. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.7/8.