IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH SEPTEMBER 2011 / 4TH ASWINA 1933 WP(C).No. 21815 of 2011(B) ------------------------------------ PETITIONER(S): -------------------- V.P. RAJEEVAN, S/O. CHATHU, VAVATTUPURAKKAL, THODANNOOR P.O., MANIYOOR, KOZHIKODE DISTRICT. BY ADV. SRI.DEVAPRASANTH.P.J. SRI.ANWAR SADATH VADAKENGARA RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION, GOVT. OF KERALA, THIRUVANANTHAPURAM, PIN-695 001. 2. COMMISSIONER, KERALA STATE FARMER'S DEBT RELIEF COMMISSION, THIRUVANANTHAPURAM-695 001. 3. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOZHIKODE DISTRICT, PIN-673 001. 4. SPECIAL SALES OFFICER HOUSE FED, KOZHIKODE, PIN-673 001. 5. SECRETARY, VATAKARA CO-OPERATIVE HOUSING SOCIETY, VATAKARA, KOZHIKODE DISTRICT, PIN-673 101. 6. K.P. SUNANDHA, W/O. MOHANAN, PARAMBATH HOUSE, AZHIYOOR, KOZHIKODE, PIN-673 104. R1 TO R3 BY GOVT.PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: COPY OF THE CASH RECEIPTS ISSUED BY THE 5TH RESPONDENT'S SOCIETY. EXHIBIT P2: COPY OF ORDER ISSUED BY THE 3RD RESPONDENT. EXHIBIT P3: COPY OF APPEAL FILED BEFORE THE 1ST RESPONDENT ON 22.3.2011. EXHIBIT P4: COPY OF APPLICATION FILED BEFORE THE 2ND RESPONDENT. EXHIBIT P5: COPY OF EXECUTION PETITION FILED BY THE 6TH RESPONDENT. /TRUE COPY/ PS TO JUDGE P.N.RAVINDRAN, J. ---------------------------------------------- W.P(C).No.21815 of 2011 ---------------------------------------------- Dated this the 26th day of September, 2011 JUDGMENT Aggrieved by Ext.P2 order dated 24.1.2011 passed by the Joint Registrar of Co-operative Societies (General), Kozhikode confirming an auction sale held on 17.8.2010 in execution of an award passed by the Arbitrator, the petitioner has filed Ext.P3 appeal along with a petition for stay before the first respondent. This writ petition is filed seeking expeditious disposal of the said appeal and to stay further proceedings pursuant to Ext.P2 till the appeal is finally heard and disposed of. 2. When the writ petition came up for consideration today, Sri.Devaprasanth, learned counsel for the petitioner submitted that Ext.P3 appeal has been received by the Government and the Government have directed the petitioner to pay the court fee of `1,000/- and to rectify the defect in the appeal within two weeks. The learned counsel further submitted that the court fee has been paid and the defect has been cured. In such circumstances, I am of the opinion that the Government should take up the stay petition filed in the appeal and pass orders thereon expeditiously. WPC.21815/11 2 I, accordingly, dispose of the writ petition with a direction to the first respondent to take up the stay petition filed in Ext. P3 appeal, consider the same and pass appropriate orders thereon within one week from the date on which the petitioner produces a copy of this judgment before the Secretary to Government, Co-operation Department. The Government shall thereafter issue notice to all the parties, hear them and pass appropriate orders on the appeal expeditiously and in any event, within four months from the date of production of a copy of this judgment. Sd/- P.N.RAVINDRAN, JUDGE vgs