Lathakumari.K vs Government Of Kerala
2021 Latest Caselaw 16131 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
     TUESDAY, THE 3RD DAY OF AUGUST 2021 / 12TH SRAVANA, 1943
                       WP(C) NO. 35701 OF 2015
PETITIONER:

          LATHAKUMARI.K
          JUNIOR CLERK, KEEZHATTHINGAL
          RURAL CO-OPERATIVE SOCEITY LTD, NO T 1540,
          KEEZHATTINGAL P O, THIRUVANANTHAPURAM

          BY ADV SRI.ADITHYA RAJEEV



RESPONDENTS:

    1     GOVERNMENT OF KERALA
          REPRSENTED BY SECRETARY TO GOVERNMENT,
          CO-OPERATIVE DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM 695001

    2     REGISTRAR OF CO-OPERATIVE SOCEITIES
          THIRUVANANTHAPURAM 695001

    3     KEEZHATTINGAL RURAL CO-OPERATIVE SOCEITY LTD NO T 1540,
          REPRESENTED BY ITS SECRETARY, KEEZHATTINGAL P O,
          THIRUVANANTHAPURAM 695001

    4     THE JOINT REGISTRAR OF CO-OPERATIVE SOCEITIESGENERAL
          THIRUVANANTHAPURAM DISTRICT 695001




          GP SRI JIMMY GEORGE




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35701 OF 2015
                                        2



                                    JUDGMENT

Learned counsel for the petitioner at the outset submits that

the impugned order Ext.P2 dated 15.05.2015 has been passed by

the 4th respondent whereby the petitioner was reverted to the

post of Bill Collector from Junior Clerk. Concededly, the

aforementioned order is appealable under the Kerala Co-

operative Societies Act. Instead of availing the remedy of appeal

petitioner submitted a representation Ext.P5 before the Registrar

and Ext.P6 before the Minister, Co-operative Department. In fact,

the remedy of appeal lies before the Government under Section

83(1)(j). Petitioner seeks permission of this Court to withdraw

the writ petition with liberty to invoke the remedy provided the

objection of limitation is not taken by counting the period spent

on this writ petition.

I have learned counsel for the petitioner and I am of the

view that the prayer made is fair and justified. This writ petition WP(C) NO. 35701 OF 2015

is permitted to be withdrawn with liberty to file the appeal under

Section 83(1)(j) of the Kerala Co-operative Societies Act. The

period spent in this Court would be exempted from counting the

limitation in view of Section 14 of the Limitation Act. Petitioner is

at liberty to take all objections in the appeal, including the one

taken in the writ petition.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 35701 OF 2015

APPENDIX OF WP(C) 35701/2015

PETITIONER EXHIBITS

EXHIBIT p1 TRUE COPY OF THE JUDGMENT DTD 5/3/2015 PASSED IN WPC NO 26651/2013 ON THE FILE OF THIS HONBLE COURT

EXHIBIT P2 TRUE COPY OF THE ORDER NO CRP(2) 228/4 DTD 15/5/2015 ISSUED BY RESPONDENT NO 4 ALONG WITH ITS TRUE ENGLISH TRANSLATION

EXHIBIT P3 TRUE COPY OF THE NOTICE NO 1977/KRS/15 DTD 20/10/2015 ISSUED BY T3RD RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION

EXHIBIT P4 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO 3RD RESPONDENT,4/11/2015 ALONG WITH ITS TRUE ENGLISH TRANSLATION

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DTD 16/11/2015 SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH ITS TRUE ENGLISH TRANSLATION