IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WA.No. 1435 of 2009() AGAINST THE JUDGMENT IN WPC.7361/2009 Dated 03/06/2009 APPELLANT/ PETITIONER IN W.P.C.NO.7361/2009: N.P. GOPALAN,S/O.KARUNAKARAN, VALIYAPARAMBATH, P.O VYKKILASSERY, VATTAKKARA, KOZHIKODE DISTRICT. BY ADV. SRI.P.P.JACOB RESPONDENT/ RESPONDENT IN W.P.C.NO.7361/2009: 1. THE MAYYANNUR WEAVERS CO-OPERATIVE P&S SOCIETY LTD NO.F.1318, P.O VILLYAPPALLY, KOZHIKODE, REPRESENTED BY ITS SECRETARY. 2. THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, KOZHIKODE. 3. THE ARBITRATOR, SENIOR INSPECTOR, HANDLOOM ORGANIZATION, CALICUT. 4. THE KERALA STATE CO-OPERATIVE TRIBUNAL, TRIVANDRUM. BY GOVT. PLEADER SMT.R. BINDU-R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.A. NO. 1435 OF 2009 --------------------------------------------- Dated this the 6th day of July, 2009 JUDGMENT Balakrishnan Nair, J. The petitioner was the Secretary of the first respondent - Society. It was a Weavers' Society which sold clothes with 20% rebate during the Onam festival of 1996. The rebate would be refunded by the Government, provided that the Society produced proper records to show the sales effected. The accounts have to be certified by the Co-operative Inspector and forwarded to the General Manager, District Industries Centre, who will release the rebate amount. In this case, the Co-operative Inspector declined to certify the accounts of the Society and, therefore, the General Manager, District Industries Centre, rejected its claim for rebate. Though the Society moved the Government in appeal against the decision of the General Manager, District Industries Centre, that was also dismissed. The petitioner, being the Secretary of the Society, was found responsible for the loss suffered by the Society, which will come to about Rs.1,66,000/-. W.A. NO. 1435/2009 2 It was the total rebate amount given to the customers. Though, initially, the Society made all efforts to support the petitioner and tried to get the amount from the Government, all its efforts failed. On realising that only because of the laches from the part of the appellant, the Society cannot get the amount, it filed an Arbitration Case, A.R.C. No.1 of 2002 against the appellant. Award in the said Arbitration Case was in favour of the Society, a copy of which is produced as Ext.P2 in the Writ Petition. The petitioner filed Ext.P3 revision against Ext.P2 award before the Kerala Co-operative Tribunal, Thiruvananthapuram. The said revision was dismissed as per Ext.P4 order. Exts.P2 and P4 were challenged in the Writ Petition. The learned Single Judge dismissed the Writ Petition, holding that the contentions of the petitioner were untenable. Feeling aggrieved by the said judgment, he preferred this Writ Appeal. 2. According to the appellant, he was in no way responsible for the omission of the Co-operative Inspector to certify the accounts. But, we notice that the said contention of the appellant has been considered elaborately by the Arbitrator and thereafter by the Tribunal, which is manned by a senior District Judge. Based on the materials on record, it was found that the appellant/petitioner was responsible for the loss suffered by the Society which will come to Rs.166,972.95. The Tribunal, W.A. NO. 1435/2009 3 in paragraph 8 of its order, has given detailed reasons for overruling the contentions of the appellant. We went through the same. We are of the view that the said finding arrived at by the Tribunal cannot be said to be based on no evidence or disregarding material evidence on record. A reasonable view has been taken on the facts. The Writ Court cannot interfere with the same. So, the learned Single Judge has rightly declined to interfere with the finding of the Arbitrator and the statutory Tribunal. Therefore, the Writ Appeal fails and it is dismissed. (K. BALAKRISHNAN NAIR) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.A. NO. 1435/2009 4 K.BALAKRISHNAN NAIR & C.T. RAVIKUMAR, JJ. W.A. NO.1435/2009 JUDGMENT 6th July, 2009