IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 WP(C).No. 26836 of 2011(D) --------------------------------------- PETITIONER: ------------------- NEDUMKANDOM KSHEEROLPADAKA SAHAKARANA SANGHAM NO.1-3(D), NEDUMKANDOM P.O., IDUKKI, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: ------------------------ 1. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM-695 001. 2. THE DARIY EXTENSION OFFICER, OFFICE OF THE DARIY EXTENSION OFFICER, NEDUMKANDOM P.O., IDUKKI-685 553. 3. T. ISSAC, KULAMBAYIL HOUSE, NEDUMKANDOM P.O., IDUKKI-685 553. R1 & R2 BY GOVT. PLEADER SMT. ANITHA RAVINDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.26836/2011-D: APPENDIX PETITIONER'S EXHIBITS:- EXHIBIT P1- A TRUE COPY OF THE DOMESTIC ENQUIRY. EXHIBIT P2- A TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 05/10/2005. EXHIBIT P3- A TRUE COPY OF THE AWARD IN A.R.C. NO.26/2006. EXHIBIT P4- A TRUE COPY OF THE MEMORANDUM OF APPEAL. EXHIBIT P5- A TRUE COPY OF THE STAY PETITION. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.26836 of 2011 ----------------------------------------- Dated this the 18th day of October, 2011 JUDGMENT The prayer in this writ petition filed by a Dairy Co-operative Society is to direct the Kerala Co-operative Tribunal to dispose of Ext.P4 appeal filed from Ext.P3 award and Ext.P5 stay petition filed in that appeal within a time limit to be fixed by this Court. The petitioner has also prayed for a direction to the second respondent to refrain from taking any action against the society for not complying with Ext.P3 award passed by the Co-operative Arbitration Court until such time as the appeal filed from that award is heard and disposed of by the Kerala Co-operative Tribunal. 2. The Kerala Co-operative Tribunal has submitted a report to the effect that Appeal No.76 of 2010 is ripe for hearing, that it stands posted in the camp sitting at Kottayam on 20.10.2011 and if all the parties to the appeal co-operate with the hearing and disposal, the appeal can be heard and disposed of within ten days of the final hearing. The Kerala Co-operative Tribunal has also W.P(C).No.26836 of 2011 -:2:- reported that the next camp sitting at Kottayam will be on 24.11.2011. In such circumstances as the appeal is ripe for final hearing and it stands posted for hearing in the camp sitting of the Kerala Co-operative Tribunal at Kottayam on 20.10.2011, I dispose of the writ petition with a direction to the Kerala Co- operative Tribunal to hear the appeal either in the camp sitting to be held on 20.10.2011 or in the next camp sitting on 24.11.2011 and dispose it of expeditiously thereafter. Until such time, the operation of Ext.P3 award, which is challenged in Ext.P4 appeal (Appeal No.76 of 2010) shall be kept in abeyance. The contentions of both sides on the merits are kept open. Registry is directed to issue a certified copy of this judgment to the petitioner, if applied for, today itself. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.26836 of 2011 ---------------------------- JUDGMENT 18th October, 2011