2025:KER:27264 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 33173 OF 2024 PETITIONER: HITH RAJ AGED 21 YEARS S/O. RAJU, VELLANNI HOUSE, NADUVILKARA P.O, VADANAPPILLY, THRISSUR DISTRICT, PIN – 680 614. BY ADVS. ADITHYA RAJEEV S.PARVATHI RESPONDENTS: 1 NATTIKA FIRKA CO-OPERATIVE RURAL DEVELOPMENT BANK NO.F 1251 HEAD OFFICE, VALAPPAD, THRISSUR DISTRICT REPRESENTED BY ITS SECRETARY, PIN – 680 567. 2 THE SECRETARY NATTIKA FIRKA CO-OPERATIVE RURAL BANK NO. F1251, HEAD OFFICE, VALAPPAD, THRISSUR DISTRICT, PIN – 680 567. 3 A & E INSPECTOR (ARBITRATOR) OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CHAVAKKAD, THRISSUR DISTRICT, PIN – 680 506. 4 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THRISSUR OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), SAHAKARANA NAGAR, KALYAN NAGAR, AYYANTHOLE, THRISSUR DISTRICT, PIN – 680 003. 2025:KER:27264 WP(C) NO.33173 OF 2024 2 5 THE REGISTRAR OF CO-OPERATIVE SOCIETIES JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O, THIRUVANANTHAPURAM DISTRICT, PIN – 695 014. SRI. M.SASINDRAN SMT. MABLE C.KURIAN – SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27264 WP(C) NO.33173 OF 2024 3 JUDGMENT The petitioner is the son and one of the legal heirs of late Raju, who died on 06.11.2020. 2. One Radhakrishnan had availed a loan from the 1st respondent Society and late Raju was the guarantor. The loan fell in arrears and the Society initiated arbitration proceedings against late Raju. Ext.P3 is the Award. The petitioner has filed this writ petition challenging Ext.P3 on the ground that the Award has been passed with deceased Raju on the party array and without impleading the legal heirs. 3. When the writ petition came up for consideration today, Sri.M.Sasindran, the learned Standing Counsel for the Society, fairly 2025:KER:27264 WP(C) NO.33173 OF 2024 4 concedes that the Award was passed with the deceased person on the party array. In view of the said submission, the writ petition is allowed and Ext.P3 Award is set aside. It will be open to the respondent Society to file appropriate application before the Arbitrator for restoration of the ARC and for other ancillary reliefs in accordance with law. Sd/- MURALI PURUSHOTHAMAN JUDGE SPR 2025:KER:27264 WP(C) NO.33173 OF 2024 5 APPENDIX PETITIONER’ S EXHIBITS :- EXHIBIT P1 A TRUE COPY OF THE DEATH CERTIFICATE OF LATE MR. RAJU DATED 23.11.2020 ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, AVANUR GRAMA PANCHAYAT. EXHIBIT P2 A TRUE COPY OF THE RELEVANT PAGES OF THE RATION CARD OF THE PETITIONER’S MOTHER ALONG WITH THE TYPED LEGIBLE COPY. EXHIBIT P3 A TRUE COPY OF THE AWARD DATED 28.05.2022 ISSUED BY THE 3RD RESPONDENT IN ARC 880/2022 ALONG WITH TYPED LEGIBLE COPY. RESPONDENT S EXHIBITS: - NIL.