Kerala High Court
Thoppil Cocos vs Union Of India on 14 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
WP(C) NO. 12844 OF 2021
PETITIONER:
M/S.THOPPIL COCOS
XIV/85, CHELAMATTOM, OKKAL P.O.,
PERUMBAVOOR, ERNAKULAM-683 550,
REP. BY ITS PROPRIETRIX,
SYAMALA MURALEE, AGED 54,
W/O. VASUMURALI, THOPPIL HOUSE,
CHELAMATTOM, OKKAL P.O.,
PERUMBAVOOR, ERNAKULAM.
BY ADVS.
SRI.PRAVEEN K. JOY
SRI. E.S.SANEEJ
SRI. M.P.UNNIKRISHNAN
SMT.M.K.SAMYUKTHA
SRI. N.ABHILASH
RESPONDENTS:
1 UNION OF INDIA
REP. BY ITS SECRETARY,
MINISTRY OF FINANCE, NEW DELHI-110 001.
2 THE DIRECTOR,
DEPARTMENT OF FINANCIAL SERVICES,
MINISTRY OF FINANCE,
NEW DELHI-110 001.
3 INSURANCE REGULATORY AND DEVELOPMENT
AUTHORITY, OFFICE OF THE OMBUDSMAN,
2ND FLOOR, CC27/2603, PULINAT BUILDING,
OPP. COCHIN SHIPYARD, ERNAKULAM-682 015.
4 CHIEF MANAGING DIRECTOR,
HEAD OFFICER, GRIEVANCE REVIEW COMMITTEE,
UNITED INDIA INSURANCE COMPANY LTD.,
REGIONAL AND HEAD OFFICE,
24, WHITES ROAD, CHENNAI-600 014.
5 THE GENERAL MANAGER,
GRIEVANCE REVIEW COMMITTEE,
REGIONAL OFFICE,
UNITED INDIA INSURANCE COMPANY LTD.,
MG ROAD, ERNAKULAM-682 011.
WP(C).No.12844 of 2021
2
6 UNITED INDIA INSURANCE COMPANY LTD.,
E8 MUNICIPAL VEGETABLE
MARKET SHOPPING COMPLEX,
A M ROAD, PERUMBAVOOR -683 542,
REP. BY ITS BRANCH MANAGER.
7 THE DEPUTY GENERAL MANAGER (REGION CHIEF)
GRIEVANCE REVIEW COMMITTEE,
UNITED INDIA INSURANCE COMPANY LTD.,
SHARANYA HOSPITAL ROAD, COCHIN - 682 011.
IS IMPLEADED AS ADDL. R7 AS PER ORDER DATED 14.07.2021 IN
IA 1/2021
BY ADVS.
SRI.KRISHNA S., CGC
SRI.P.K.MANOJKUMAR
SMT. SMITHA S.PILLAI
SMT.ALICE THOMAS
SRI. P. VIJAYAKUMAR, ASGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.12844 of 2021
3
JUDGMENT
Dated this the 14th day of July 2021
The petitioner has filed this writ petition praying for the
following reliefs:
(i) Issue a writ, order or direction in the nature of Mandamus or
other appropriate writ directing the 4th respondent to consider
and pass orders on Ext.P13 appeal petition after granting
opportunity of personal hearing of the petitioner, in the interest
of justice.
(ii) To issue direction to the 6th respondent to release the policy
amount of Insurance to the petitioners on obtaining bond or
security from the petitioners, in the interest of justice.
(iii) To call for the records leading to issuance of Ext.P9 and to set
aside the same, in the interest of justice.
(iv) Grant such other and further reliefs as may be prayed for
hereafter and deemed fit and proper by this Honourable Court,
in the interest of justice."
2. When the case is taken up today, the counsel for the
petitioner submits that for the present, he will be satisfied with
a direction to the additional 7th respondent to consider and
dispose of Ext.P14 appeal at the earliest.
3. In the light of the limited prayer made by the petitioner,
the writ petition is disposed of directing the additional 7 th
respondent to hear and dispose of Ext.P14 appeal at the earliest
WP(C).No.12844 of 2021
at any rate within a period of two months from the date of
receipt of a copy of this judgment. If personal hearing is not
possible, hearing may be conduced through virtual mode.
Sd/-
T.R.RAVI
JUDGE
sn
WP(C).No.12844 of 2021
APPENDIX OF WP(C) 12844/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE D & O LICENSE ISSUED BY
THE SECRETARY, OKKAL GRAMA PANCHAYATH DATED
1.4.19.
Exhibit P2 THE TRUE COPY OF THE CONSENT ISSUED FROM THE
POLLUTION CONTROL BOARD DATED 29.8.2018.
Exhibit P3 THE TRUE COPY OF THE GST REGISTRATION
CERTIFICATE DATED 17.7.2018.
Exhibit P4 THE TRUE COPY OF THE LICENSE ISSUED FROM THE
COMMISSIONERATE OF FOOD SAFETY STANDARDS
AUTHORITY OF INDIA.
Exhibit P5 THE TRUE COPY OF THE INSURANCE POLICY
NO.1011031118P114269550, THE PERIOD OF
INSURANCE WAS 4.2.2019 TO 3.2.2020.
Exhibit P5(A) THE TRUE COPY OF THE INSURANCE POLICY
NO.10113031118P117223877, THE PERIOD OF
INSURANCE WAS 29.3.2019 TO 28.3.2020.
Exhibit P6 THE TRUE COPY OF THE CERTIFICATE DATED
31.8.2019 OF HEALTH INSPECTOR, LPHC KODANAD.
Exhibit P7 THE TRUE COPY OF THE CERTIFICATE DATED 5.9.2019
OF SECRETARY, OKKAL GRAMA PANCHAYATH.
Exhibit P8 THE TRUE COPY OF THE LIST OF THE DOCUMENTS
SUBMITTED BEFORE THE 6TH RESPONDENT FOR RELEASE
OF THE CLAIM DATED 15.8.2019.
Exhibit P9 THE TRUE COPY OF THE CLAIM REJECTION ORDER
DATED 1.7.2020 ISSUED BY THE 6TH RESPONDENT.
Exhibit P10 THE TRUE COPY OF THE RELEVANT PAGES OF E-MAIL
DATED 24.1.2020 OF THE PETITIONER INTO REGIONAL
MANAGER, UNITED INDIA INSURANCE COMPANY LTD.
Exhibit P11 THE TRUE COPY OF THE REPLY SUBMITTED TO THE
SURVEYOR.
WP(C).No.12844 of 2021
Exhibit P12 THE TRUE COPY OF THE RELEVANT PAGE OF CUSTOMER
GRIEVANCE REDRESSAL SYSTEM-2019 INTRODUCED BY
THE INDIA INSURANCE COMPANY.
Exhibit P13 THE TRUE COPY OF THE APPEAL PETITION BEFORE THE
4TH RESPONDENT FOR CONSIDERATION AND PERSONAL
HEARING.
Exhibit P14 THE TRUE APPEAL PETITION DATED 29.06.2021
BEFORE DEPUTY GENERAL MANAGER (REGION CHIEF),
GRIEVANCE REVIEW COMMITTEE.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
