Ramakrishnan, J: Considering the nature of relief claimed, this Court felt that the review petition itself can be admitted and disposed of today itself giving some clarification.
2. When the writ petition filed by the petitioners challenging the order passed by the 4th respondent, the learned Single Judge, while disposing the writ petition observed that remedy of the petitioners is to move the Arbitration Court under Section 69 of the Kerala Co-operative Societies Act, but while arriving that finding, the learned Single Judge also had gone into the merits of the case and found that there is no illegality in the order also. That was challenged by the appellants by filing writ appeal.
3. When the writ appeal came up for hearing on admission and when it was pointed out to the counsel for the appellants that as his remedy is left open, he can agitate all the aspects before the arbitration court, the counsel for the appellants sought permission to withdraw the case with liberty to raise all their contentions before the arbitration court and what was intended by them appears to be that permission will have to be given to withdraw the writ petition with liberty to raise all their contentions before the Arbitration Court and the writ appeal is dismissed as withdrawn with the above liberty.
4. Now the apprehension of the review petitioners is that unless the writ petition is withdrawn, the findings therein will affect their right to raise the same contentions before the arbitration court.
5. So we feel that the order will have to be clarified that permission given for withdrawing the writ appeal was meant as permission to withdraw the writ petition. Accordingly, the order is reviewed and the review petition is disposed of clarifying that permission is granted to withdraw the writ petition with liberty to move the Arbitration Court and raise all the contentions raised by them in the writ petition and the findings, if any, made by the learned Single Judge while disposing the writ petition on merits of the case will not stand in the way of the Arbitration Court considering the objections of the review petitioners on merit independently untrammelled by the observations in accordance with law as the writ petition itself is permitted to be withdrawn.
With the above observation and clarification, the review petition is disposed of.
Sd/-
K. RAMAKRISHNAN, JUDGE.
Sd/-
A.K. JAYASANKARAN NAMBIAR, JUDGE.
cl /true copy/ P.S to Judge