High Court Kerala High Court

P.Albert vs The Assistant Registrar Of … on 24 January, 2008

Kerala High Court
P.Albert vs The Assistant Registrar Of … on 24 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2851 of 2008(M)


1. P.ALBERT, AGED 52 YEARS,
                      ...  Petitioner

                        Vs



1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

2. THE COASTAL URBAN CO-OPERATIVE

3. THE KERALA CO-OPERATIVE TRIBUNAL,

                For Petitioner  :SRI.V.V.RAJA

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :24/01/2008

 O R D E R
              THOTTATHIL.B.RADHAKRISHNAN, J.

                      ---------------------------------

                      W.P(c)No.2851 OF 2008

                    ------------------------------------

              Dated this the 24th day of January, 2008


                                JUDGMENT

Learned Senior Government Pleader appears for the first

respondent. Advocate Sri.Johnson Gomez appears for the second

respondent. Notice to respondent No.3 is dispensed with.

2. Following Ext.P4 judgment rendered on 18/01/2005 by

the Co-operative Tribunal, remitting ARC No.456/02 for fresh

consideration, the arbitrator ought to have expedited the

consideration and final disposal of that case. Constitution of

special authorities either as Arbitrators or as Courts or Tribunals

are intended to achieve expeditious disposal of litigations and not

merely because there should be exclusive courts/authorities.

Hence arbitrators and other authorities empower under the Kerala

Co-operative Societies Act to deal with the disputes have to

ensure that no matter is kept pending for long and that the

disputes are resolved as expeditiously as possible. From the date

of remit, more than three years have elapsed. There is no reason

WPC.No.2851/08 2

why ARC.No.456/02 should continue to remain undecided.

Under such circumstances, the first respondent is directed to

take up the said case, provide opportunity to the parties in

accordance with law and dispose of the case finally within an

outer limit of four months from the date of receipt of a copy of

this judgment.

THOTTATHIL.B.RADHAKRISHNAN

JUDGE

sv.