IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 RP.No. 213 of 2008(P) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10436/2004 Dated 18/01/2008 .................... REVIEW PETITIONER(S): 3RD RESPONDENT: ------------------------------------- ATHIRAMPUZHA RAGIONAL SERVICE CO-OPERATIVE BANK LIMITED, ATHIRAMPUZHA REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): PETITIONER & RESPONDENTS 1,2,4: ---------------------------------------------- 1. C.J.MATHEW, CHAKKALACKAL, SEBSON APARTMENTS, PRATHIBHA BY LANE, PADIVATTOM, EDAPPALLY P.O., COCHIN. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 3. THE SPECIAL SALE OFFICER, THE PAMPADY SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. 4. JAMES MATHEW, CHACKALACKAL, PADINJARU BHAGOM, ATHIRAMPUZHA P.O., KOTTAYAM. GOVERNMENT PLEADER SRI.P.N.MANOJ THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 13/08/2010, ALONG WITH RP.706/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.SURENDRA MOHAN, J. ``````````````````````````````````````````````````````` R.P. Nos. 213 of 2008 & 706 of 2010 in W.P.(C) No. 10436 of 2004 P ``````````````````````````````````````````````````````` Dated this the 13th day of August, 2010 O R D E R R.P.No.213/2008 is filed by the third respondent in the writ petition while R.P.No.706/2010 is filed by the petitioner himself. As per the judgment of this Court, the writ petition has been finally disposed of directing the petitioner to approach the Arbitrator for being furnished with copies of the awards passed under Section 69 of the Kerala Co-operative Societies Act, 1969. It has been further directed that if he so approaches the Arbitrator, copies of the award shall be furnished to him within a period of two weeks thereafter. The petitioner has been given the liberty to pursue the statutory remedies thereafter. The third respondent is aggrieved by the liberty that has been given to the writ petitioner to pursue his statutory remedies which are barred by time. The writ petitioner is aggrieved by the fact that his contentions on the merits have not been considered by this Court. Therefore, he prays for consideration and disposal of the writ petition on merits. It is worth noticing that though the judgment of this Court is dated RP.213/08 & 706/10 : 2 : 18-01-2008, the petitioner has not complied with the directions therein. 2. According to the counsel for the third respondent in the writ petition, granting a further opportunity to the petitioner to avail the statutory remedies that are already time barred would only give him another opportunity to protract matters. It is submitted that 57 awards have been passed against the fourth respondent, that the execution of the said awards are being challenged by the petitioner and, therefore, the writ petition may be considered and disposed of on merits. Since the conduct of the petitioner in not complying with the directions in the judgment of this Court further supports the contentions urged by the respondents in the writ petition, I am inclined to allow these Review Petitions. 3. Accordingly, these Review Petitions are allowed. The judgment of this Court sought to be reviewed, is set aside. Post the writ petition for hearing immediately after Onam holidays. Sd/- (K.SURENDRA MOHAN, JUDGE) aks