IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 2561 OF 2020
PETITIONER:
SRICHANDANA M., HARISREE, MITHRANIKETHAN P.O.,
VELLANADU, THIRUVANANTHAPURAM
BY ADV D.SOMASUNDARAM
RESPONDENTS:
1 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
THIRUVANANTHAPURAM-695 001
2 PAPPANAMCODE HOUSING CO-OPERATIVE SOCIETY
LTD.NO.T.748,
PAPPANAMCODE, THIRUVANANTHAPURAM,PIN-695 018,
REPRESENTED BY ITS SECRETARY
BY ADV SRI.P.N.MOHANAN, SC.
SMT. RESMI THOMAS-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2561 OF 2020
2
JUDGMENT
The petitioner was the Secretary of the second respondent - Society. She says that she left the services of the second respondent - Society to join another, but that her lawful monetary benefits have not yet been disbursed to her. She, therefore, prays that this Court direct the Society to disburse the amount within a time frame to be fixed by this Court.
2. Sri.D.Somasundaram, learned counsel for the petitioner, explains that, even though there are no liabilities or objections raised or impelled against the petitioner at any point of time, the Society has been unfairly withholding her benefits, which forced her to approach them through Ext.P4 representation but that this also has not been considered by them until now. The learned counsel, therefore, reiteratingly prayed that the reliefs sought for in this writ petition be granted.
3. Sri.C.P.Sabari, learned standing counsel for the second respondent - Society, conceded that he does not have instructions as to why the benefits to the petitioner have not been disbursed yet, but added that this could be because WP(C) NO. 2561 OF 2020 3 there are liabilities fixed against her. He then submitted that if this Court is so inclined, the Society is willing to consider Ext.P4 and take an apposite decision thereon without any further delay.
4. When I consider the afore submissions, it is indubitable that if there are no liabilities fixed against the petitioner as per law, no recovery is possible from her. However, this is a question of fact, which will require an assessment of the relevant documents and materials, for which purpose, I am of the view that the Society must consider Ext.P4, after hearing the petitioner and issue to her an appropriate proceeding without any further delay.
5. Resultantly, I allow this writ petition and direct the competent Authority of the second respondent to take up Ext.P4 and dispose of the same within a period of one month from the date of receipt of a copy of this judgment and to disburse the eligible amounts due to her thereafter within a period of one month from then.
To enable an expeditious compliance of the afore directions, I direct the petitioner to mark appearance before the competent Authority of the second respondent at 11 A.M. on 20.06.2022; on which day, she shall be heard or another WP(C) NO. 2561 OF 2020 4 convenient date fixed for such purpose and the exercise as above shall be completed within the afore time frame.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 2561 OF 2020 5 APPENDIX OF WP(C) 2561/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.CRB(1) 5248-
2017 DATED 26.5.2018 EXHIBIT P2 TRUE COPY OF JUDGMENT DATED 26.10.2019 IN WPC 28888/2017 OF THIS HON'BLE COURT EXHIBIT P3 TRUE COPY OF ORDER NO.CRB(1) 8577/18 DATED 5.8.2019 EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 19.12.2019 TO THE 2ND RESPONDENT SUBMITTED BY THE PETITIONER