IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WP(C).No. 30945 of 2011(P) -------------------------- PETITIONER(S): --------------- PAUL THOMAS, AGED 40 YEARS, S/O.THOMAS, AYYANKOLIL HOUSE, ENANALLOOR P.O., MUVATTUPUZHA. BY ADV. SRI.C.P.SAJI SRI.P.J.BALACHANDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE REGISTRAR, CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695 001. 3. THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, MUVATTUPUZH-686 661. 4. INSPECTOR/SPECIAL SALE OFFICER, KOOOTHATTUKULAM FARMERS SERVICE CO-OPERATIVE BANK GROUP, OFFICE OF THE ASSISTANT REGISTRAR (GENERAL) CO-OPEPRATIVE SOCIETIES, MUVATTUPUZHA-686 661. 5. ENANALLOOR SERVICE CO-OPERATIVE BANK, NO.1447, ENANALLOOUR P.O., MUVATTUPUZHA-686661. 6. KHARSHAKA KADASWASA COMMISSION, REPRESENTED BY THE SECRETARY, THIRUVANANTHAPURAM-695 029. BY GOVT. PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.30945/2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE NOTICE ISSUED BY THE 6TH RESPONDENT DATED 03.04.2010 TO THE PETITIONER. EXT.P2 TRUE COPY OF THE PLAINT DATED 15.5.2011 FILED BY THE 5TH RESPONDENT AS ARC NO.605/2011. EXT.P2(a) TRUE COPY OF THE PLAINT DATED 15.5.2011 FILED BY THE 5TH RESPONDENT AS ARC NO.606/2011. EXT.P2(b) TRUE COPY OF THE PLAINT DATED 15.5.2011 FILED BY THE 5TH RESPONDENT AS ARC NO.607/2011. EXT.P2(c) TRUE COPY OF THE PLAINT DATED 15.5.2011 FILED BY THE 5TH RESPONDENT AS ARC NO.608/2011. EXT.P3 TRUE COPY OF THE SUMMONS ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P4 TRUE COPY OF THE APPLICATION DATED 28.7.2011 SUBMITTED BY THE PETITIONER IN ARC NO.605/2011 BEFORE THE 3RD RESPONDENT. EXT.P5 TRUE COPY OF THE APPLICATION DATED 28.7.2011 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER. EXT.P6 TRUE COPY OF THE AWARD PASSED BY THE INSPECTOR, SPECIAL SALE OFFICER OF THE OFFICE OF THE 3RD RESPONDENT IN ARC NO.605/2011 DATED 28.7.2011. EXT.P6(a) TRUE COPY OF THE AWARD PASSED BY THE INSPECTOR, SPECIAL SALE OFFICER OF THE OFFICE OF THE 3RD RESPONDENT IN ARC NO.606/2011 DATED 28.7.2011. EXT.P6(b) TRUE COPY OF THE AWARD PASSED BY THE INSPECTOR, SPECIAL SALE OFFICER OF THE OFFICE OF THE 3RD RESPONDENT IN ARC NO.607/2011 DATED 28.7.2011. EXT.P6(c) TRUE COPY OF THE AWARD PASSED BY THE INSPECTOR, SPECIAL SALE OFFICER OF THE OFFICE OF THE 3RD RESPONDENT IN ARC NO.608/2011 DATED 28.7.2011. RESPONDENTS' EXHIBITS NIL /True Copy/ vps PA to Judge P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 30945 OF 2011 -------------------------- Dated this the 21st day of November, 2011 J U D G M E N T Exts.P6, P6(a), P6(b) and P6(c) awards passed by the fourth respondent Arbitrator on 28.7.2011 are under challenge in this writ petition. Apart from various contentions touching upon the merits of the award, it is also contended that copies of the awards were communicated to the petitioner only on 5.10.2011, 60 days after the passing of the award and therefore he is not in a position to challenge the awards in appeal before the Kerala Co-operative Tribunal. 2. Section 82 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act' for short) provides for an appeal from the awards impugned in this writ petition to the Kerala Co-operative Tribunal. The period of limitation prescribed for filing an appeal is 60 days from the date of decision of the award. Interpreting the said provision, this Court has in Lalithamma v. M.S.Co-operative Society (1979 KLT 884), Thankappan v. M.T.M.V. Co-operative Society (1979 KLT WPC No.30945/2011 2 668) and C.K.Damodaran v. Kerala Co-operative Tribunal (1980 KLT 520) held that if the award was not delivered in the presence of the party, the period of limitation for the purpose of filing an appeal would start to run only from the date of knowledge of passing of the award and that in computing the period of limitation in such cases, the time taken for obtaining the certified copy of the award has to be excluded. 3. Going by the averments in the writ petition, copies of the awards were communicated to the petitioner only on 5.10.2011. The awards were not passed in his presence. I am therefore of the opinion that the period of limitation prescribed for filing an appeal would start to run from only 5.10.2011, which according to the petitioner is the date on which copies of the awards were communicated to him as provided in rule 68 of the Kerala Co-operative Societies Rules. Such being the situation, it cannot be said that the period of limitation prescribed for filing an appeal has expired. That apart, instead of filing an appeal, the petitioner can challenge the awards by filing a revision petition before the Kerala Co-operative Tribunal. Though no period of WPC No.30945/2011 3 limitation is prescribed for filing a revision petition, a learned single Judge of this Court has in Sarojini Amma v. Trivandrum District Co-operative Bank Ltd. (2005 (3) KLT 655) held that the revisional jurisdiction should be invoked within five months from the date of the award. Going by the date of the award, the said period also has not expired. The petitioner can therefore challenge the awards by way of revision, if period of limitation prescribed for filing an appeal has expired. The petitioner has yet another prayer that the sixth respondent may be directed to consider the application filed by him for debt relief. In my opinion, if the petition filed by the petitioner before the Kerala Farmers Debt Relief Commission is pending, it is for him to move the Commission for expeditious orders on the application. The mere fact that the petitioner has moved the Kerala Farmers Debt Relief Commission is not a ground to entertain a challenge to the impugned awards, when an effective alternate remedy is available to the petitioner. I therefore find no grounds to entertain the writ petition. The writ petition fails and is dismissed without prejudice to the WPC No.30945/2011 4 right of the petitioner to challenge Exts.P6, P6(a), P6(b) and P6 (c) awards either in appeal or in revision before the Kerala Co- operative Tribunal. The petitioner can also move the Kerala Farmers Debt Relief Commission seeking expeditious disposal of the application if any filed by him for debt relief. P.N.RAVINDRAN, (JUDGE) vps WPC No.30945/2011 5