IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 1660 OF 2022
PETITIONER:
WILSON T.JOSEPH, AGED 59 YEARS,
S/O. T.K.JOSEPH, THLAKULATHIL HOUSE,
PERUMPILLY P.O., MULANTHURUTHY,
ERNAKULAM DISTRICT, PIN-682314.
BY ADVS.M.M.MONAYE
M.PAUL VARGHESE
NIRMALA P.V.
K.V.SANOSH
RESPONDENTS:
1 THE MULANTHURUTHY HOUSING CO-OPERATIVE SOCIETY LTD.NO.
E 304, MULANTHURUTHY P.O., PIN-682314,
REPRESENTED BY ITS SECRETARY.
2 BOARD OF DIRECTORS OF THE MULANTHURUTHY HOUSING
CO-OPERATIVE SOCIETY LTD. NO. E 304,
MULANTHURUTHY P.O., PIN-682314,
REPRESENTED BY ITS PRESIDENT.
3 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
CIVIL STATION, KAKKANAD, COCHIN-682030.
BY ADVS.K.T.THOMAS
N.SUNIL
SMT.PARVATHY K., GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1660 OF 2022
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JUDGMENT
The petitioner says that he retired, on attaining the age of superannuation, from the services of the 1st respondent - Society on 31.07.2020; but complains that his retiral benefits have not yet been disbursed. He says that the only reason stated by the Society in refusing to accede to his benefits is that they are going through financial crisis.
2. Sri.M.M.Monaye - learned counsel for the petitioner, however, submitted that if the Society is unable to accede to his client's request for payment of retiral benefits in full, he is willing that they be allowed to adjust a loan facility availed of by his wife, so that only the balance need be paid to him.
3. The learned Standing Counsel for the Society - Sri.P.T.Thomas, affirmed that his client is going through an extreme financial crisis, WP(C) NO. 1660 OF 2022 -3- particularly because one of their employees had misconducted, causing loss to the extent of several lakhs of rupees. He submitted that, therefore, if this Court is so inclined, the petitioner can be heard on the afore suggestion also and an apposite decision taken, without any further delay.
Taking note of the afore submissions, I order this writ petition with the following directions:
(a) The competent Authority of the 1st respondent will hear the petitioner on the suggestion that his retiral benefits be paid to him after adjustment of the amount of liability in the loan facility availed of by his wife. For this purpose, they will also be at liberty to hear the petitioner's wife and obtain necessary undertakings from her.
(b) On the afore being done and the balance of the retiral benefits being so computed, same shall WP(C) NO. 1660 OF 2022 -4- be released to the petitioner, as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment.
(c) Needless to say, until such time as the exercise in direction (a) is completed, no recovery against the petitioner's wife will be pursued.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 1660 OF 2022 -5- APPENDIX OF WP(C) 1660/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE REPRESENTATION DATED 27.6.2020 SUBMITTED TO THE SOCIETY. EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DATED 6.1.2021 SUBMITTED TO THE SOCIETY. EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 26.3.2021 SUBMITTED TO THE SOCIETY. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 25.6.2021 SUBMITTED TO THE SOCIETY. EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 29.6.2021.
EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPTS DATED 30.6.2021.
EXHIBIT P7 TRUE COPY OF CIRCULAR 15/2021 DATED 9.3.2021.
EXHIBIT P8 TRUE COPY OF CIRCULAR NO.4/99 DATED 16.2.1999.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WP(C) NO.13407/2021 DATED 7.7.2021. EXHIBIT P10 TRUE COPY OF THE LETTER DATED 14.7.2021. EXHIBIT P11 TRUE COPY OF THE LETTER OF THE SOCIETY DATED 9.9.2021.
EXHIBIT P12 TRUE COPY OF THE OWNERSHIP CERTIFICATE OF THE BUILDING ISSUED BY THE MULANTHURUTHY GRAMA PANCHAYATH DATED 4.8.2021.