IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 RP.No. 1146 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WA.1986/2009 Dated 19/02/2010 .................... REVIEW PETITIONER /6th RESPONDENT IN W.A ------------------------------------------------------------------- THE KOTHAMANGALAM CO-OPERATIVE MARKETING SOCIETY LTD NO.E-137, KOTHAMANGALAM, PIN-686 691, REPRESENTED BY ITS PRESIDENT BY ADV. SRI.P.V.BABY RESPONDENTS/APPELLANTS & RESPONDENTS 1 TO 5 AND 7 IN W.A -------------------------------------------------------------------------------------------------- 1. JOSE ANTONY, THEKKILAKKAD,PERUMANNOOR.P.O, PIN- 686 693. 2. A.K.VARKEY, ATTANCHERIL, VARAPETTY P.O, PIN-686 691. 3. SAJU K.SCARIA, KAKKUZHIYIL,KOTHAMANGALAM.P.O, PIN-686 691. 4. O.V.DEVASSY,OLIYAPPURAM,RAMALLUR .P.O KOTHAMANGALAM, PIN-686 691. 5. M.R.NEELAKANDAN KARTHA,MANAYATH BHAVAN,KUTTILANJI,ERAMALLUR P.O, KOTHAMANGALAM- 686 691. 6. V.DIVAKARAN, KRISHNA VILASAM,VARAPETTY P.O, PIN 686 691. RP.No. 1146 of 2010 7. A.M.VARGHESE, EDAPPARA,MANIKKINAR,NELLIMATTAM, KOTHAMANGALAM P.O, PIN 686 691. 8. C.K.VIDYASAGAR,CHERUPALLIYIL,KUTHUKUZHI KOTHAMANGALAM P.O, PIN - 686 691. 9. JOSEPH PAUL, S/O.LATE A.M.PAUL, ARAMBANKUDIYIL HOUSE, NJAYAPPILLY P.O, KOTHAMANGALAM, PIN 686 691. 10. JOINT SECRETARY, DEPARTMENT OF CO-OPERATION,TRIVANDRUM- 695 001. 11. REGISTRAR OF CO-OPERATIVE SOCIETIES TRIVANDRUM,PIN - 695 001. 12. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),ERNAKULAM,KOCHI-682 016. 13. ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOTHAMANGALAM,PIN-686 691. 14. C.V.THOMAS,KOTTISSERIKUDI,CHELAD P.O, KOTHAMANGALAM, PIN 686 691. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dmb Thottathil B.Radhakrishnan & P.S.Gopinathan, JJ. = = = = = = = = = = = = = = = = = = = = = = = = R.P.1146/2010 in W.A.1986/2009 = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 21st day of December, 2010. Order Thottathil B.Radhakrishnan, J. 1.This review petition is filed by the sixth respondent in the writ appeal, a marketing co- operative society, which was the fifth respondent in the writ petition from which this appeal arose. 2.In terms of the judgment sought to be reviewed, the Bench had vacated the disposal of ARC.No.108/1992 and had restored it to file of the Arbitrator having jurisdiction over the matter, to be disposed of in accordance with law. 3.In the review petition, the complaint of the society is that the proceedings initiated before RP1146/10 -: 2 :- the Arbitrator referred only to claims relatable to turmeric and that other claims on the basis of the enquiry report of the Department ought also to be permitted to be raised and agitated. We are clear in our mind that the correctness or otherwise of the procedure adopted by the appropriate arbitrator in dealing with the ARC is not a matter germane for consideration in a review petition in relation to the judgment in the writ appeal. Those are independent matters to be agitated appropriately in accordance with law. All that we can say is that we have not expressed anything in the writ appeal which would, in any manner, impair the proceedings before the arbitrator or direct its course. With this, this review petition is dismissed. The learned counsel for the review petitioner states that the arbitrator has already listed the matter for disposal and that they may get some more time. This submission is recorded and we do not say anything on this issue as the review RP1146/10 -: 3 :- petitioner can make appropriate representation in that regard. Thottathil B.Radhakrishnan, Judge. P.S.Gopinathan, Judge. Sha/2112