Malappuram Municipality vs Employee State Insurance ...
2021 Latest Caselaw 1661 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR. JUSTICE A.M.BADAR

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                       WP(C).No.1146 OF 2021(P)


PETITIONER:

               MALAPPURAM MUNICIPALITY
               REPRESENTED BY ITS SECRETARY, MALAPPURAM P.O., PIN-
               676508.

               BY ADV. SHRI.ESM.KABEER

RESPONDENTS:

      1        EMPLOYEE STATE INSURANCE CORPORATION
               KOZHIKODE, REPRESENTED BY ITS REGIONAL DIRECTOR, SUB
               REGIONAL OFFICE, KOZHIKODE, 3RD FLOOR, HOUSE FED
               COMPLEX, ERANHIPALAM, KOZHIKODE-673006.

      2        THE RECOVERY OFFICER,
               EMPLOYEES STATE INSURANCE CORPORATION, SUB REGIONAL
               OFFICE, KOZHIKODE, 3RD FLOOR, HOUSE FED COMPLEX,
               ERANHIPALAM, KOZHIKODE-673006.

               R1-2 BY ADV. SRI.T.V.AJAYAKUMAR
               R1-2 BY ADV. KUM.P.H.RIMJU



               SC-SRI.T.V.AJAYAKUMAR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1146 OF 2021(P)

                                    2

                             JUDGMENT

Dated this the 15th day of January 2021

Heard both sides. After completing the hearing of the case and

when this Court was going to dismiss the petition for want of

alternative remedy, the learned counsel for the petitioner sought

permission to withdraw the petition for filing statutory appeal.

The petition is accordingly dismissed as withdrawn. Stay of

attachment is refused.

SD/-

A.M.BADAR Nsd //TRUE COPY// JUDGE PA TO JUDGE WP(C).No.1146 OF 2021(P)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE OBJECTION DATED 31.5.2013.

EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT SUBMITTED BEFORE THE E.S.I. COURT DATED 6.8.2014.

EXHIBIT P3 TRUE COPY OF THE NOTICE ISSUED BY THE DEPUTY DIRECTOR TO THE PETITIONER DATED 14.12.2018.

EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT UNDER SECTION 45A OF THE E.S.I. ACT DATED 31.3.2019.

EXHIBIT P5 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 29.9.2020.

EXHIBIT P6 TRUE COPY OF THE RECOVERY NOTICE ISSUED BY THE 2ND RESPONDENT DATED 7.11.2020.

EXHIBIT P7 TRUE COPY OF THE LEASE AGREEMENT IN BETWEEN THE PETITIONER AND THE 3RD PARTY DATED 19.4.2008.