N.Somalatha vs State Of Kerala
2021 Latest Caselaw 5272 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                        WP(C).No.2465 OF 2021(G)


PETITIONER:

                N.SOMALATHA
                AGED 73 YEARS
                W/O.LATE P.SADASIVAN, RESIDING AT SOUPARNIKA,
                CHEMPAKARAMANALLOOR, ANCHAL P.O., KOLLAM DIST. 691
                306.

                BY ADVS.
                SRI.PIRAPPANCODE V.S.SUDHIR
                SHRI. AKASH S.
                SMT.A.MEGHA

RESPONDENT/S:

      1         STATE OF KERALA
                REP.BY ITS SECRETARIAT TO GOVERNMENT, LOCAL SELF
                GOVERNMENT DEPARTMENT, SECRETARIAT,
                THIRUVANANTHAPURAM 695 001.

      2         DIRECTOR OF URBAN AFFAIRS
                DIRECTORATE OF URBAN AFFAIRS, SWARAJ BHAVAN,
                NANTHANCODE P.O., THIRUVANANTHAPURAM 695 033

      3         THE SECRETARY
                PATHANAMTHITTA MUNICIPALITY, PATHANAMTHITTA 689 645


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2465 OF 2021

                                   2




                              JUDGMENT

Dated this the 12th day of February 2021

The petitioner, an employee who retired from a post borne

on the Municipal Common Service has approached this Court,

seeking release of retirement benefits due. This writ petition is

not maintainable as the remedy of the petitioner lies before the

KAT. This writ petition is therefore dismissed without prejudice to

the rights of the petitioner to approach the KAT seeking the same

reliefs.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.2465 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 2.9.2010 OF THIS HON'BLE COURT IN W.P.(C).N O.27139/2010

EXHIBIT P2 TRUE COPY OF THE ORDER NO.P10/33/2013 DATED 28.4.2014 OF THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 21.2.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.P10/83/2013 DATED 14.5.2018 OF THE 2ND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE STATEMENT SHOWING THE PENSION AND ALLOWANCES LEGITIMATELY DUE TO THE PETITIONER FROM PATHANAMTHITTA MUNICIPALITY FOR THE PERIOD FROM 1.1.2001 TO 31.3.2014

EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 20.11.2020 SUBMITTED ON BEHALF OF THE PETITIONER

EXHIBIT P7 TRUE COPY OF THE LETTER NO.P3-18760/2020 DATED 7.12.2020 OF THE 2ND RESPONDENT FORWARDING EXT. P6 NOTICE TO THE 3RD RESPONDENT.