K. Soosadima vs State Of Kerala
2021 Latest Caselaw 12693 Ker

Citation : 2021 Latest Caselaw 12693 Ker
Judgement Date : 2 June, 2021

Kerala High Court

K. Soosadima vs State Of Kerala on 2 June, 2021

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
    WEDNESDAY, THE 2ND DAY OF JUNE 2021 / 12TH JYAISHTA, 1943
                    WP(C) NO. 10894 OF 2021
PETITIONER:
0



            K. SOOSADIMA,
            AGED 63 YEARS,
            S/O. KALISTH, PROPRIETOR,
            SONOK TRADING, HOUSING BOARD BUILDING,
            THIRUVANANTHAPURAM DISTRICT,
            RESIDING AT SRUTHI, T.C.26/807 (1),
            CHEMPAKA NAGAR, BAKERY JUNCTION,
            THIRUVANANTHAPURAM DISTRICT.

            BY ADV SHAJIN S.HAMEED


RESPONDENTS:
    1     STATE OF KERALA,
          REPRESENTED BY ADDITIONAL CHIEF SECRETARY,
          GOVERNMENT OF KERALA, FINANCE DEPARTMENT,
          GOVERNMENT SECRETARIAT, STATUE,
          THIRUVANANTHAPURAM, PIN CODE-695 001.
    2     KERALA STATE FINANCIAL ENTERPRISES,
          REPRESENTED BY ITS MANAGING DIRECTOR,
          BHADRATHA, MUSEUM ROAD, P.B.NO.510,
          THRISSUR DISTRICT, PIN CODE-680 020.
    3     THE BRANCH MANAGER,
          KERALA STATE FINANCIAL ENTERPRISES,
          THIRUVANANTHAPURAM MAIN BRANCH,
          HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM DISTRICT, PIN CODE-695 001.

            BY ADV SHRI.SALIL NARAYANAN K.A., SC, KSFE LTD.
            GOVERNMENT PLEADER SMT.PRINCY XAVIER

     THIS WRIT PETITION (CIVIL) HAVING COME UP             FOR
ADMISSION ON 02.06.2021, THE COURT ON THE SAME             DAY
DELIVERED THE FOLLOWING:
 WP(C) No.10894/2021
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 2nd day of June, 2021

The petitioner states that he has subscribed chitties

conducted by the 2nd respondent under the 3rd respondent-

Branch. In altogether he subscribed to 27 chitties, out of

which 9 chitties were prized and paid. Two chitties were

prized but not paid and 16 chitties were non-prized. The

petitioner has been using the service of door collection system

to remit the chitty instalments and one collection agent named

T. Anilkumar was collecting cash.

2. The 3rd respondent informed the petitioner on

06.02.2019 that there is default on the part of the petitioner in

repaying the instalments in more than 10 chitties. When the

petitioner verified the remittances, he understood that huge

amounts paid to the door collection agent, were not credited in WP(C) No.10894/2021

his accounts and were misappropriated. In Ext.P5 audit

report, the inspecting officers found that an amount of

₹57,19,814/- was misappropriated from the petitioner.

3. The petitioner filed Ext.P7 representation before the

2nd respondent pointing out true facts and requesting the 2 nd

respondent to credit the amounts which were misappropriated

by the collection agent, to the account of the petitioner. When

the writ petition came up for hearing today, the learned

counsel for the petitioner submitted that he will be satisfied if

the 2nd respondent is directed to consider Ext.P7

representation.

4. Heard learned counsel for the petitioner, learned

Government Pleader appearing for the 1 st respondent and

learned Standing Counsel appearing for respondents 2 and 3.

5. On a perusal of Ext.P3 First Information Report, it is

seen that there is complaint of criminal misappropriation of

money by the collection agent concerned. In the

circumstances, it appears that the petitioner has a genuine

grievance.

WP(C) No.10894/2021

The writ petition is therefore disposed of directing

the 2nd respondent to consider Ext.P7 representation filed by

the petitioner taking into account Ext.P6 Final Report also.

Orders on Ext.P7 representation shall be passed within a

period of two months.

Sd/-

N. NAGARESH, JUDGE

aks/04.06.2021 WP(C) No.10894/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1            PHOTOCOPY OF THE SHOW-CAUSE NOTICE
                      ISSUED   BY  THE    RESPONDENT    TO   THE
                      COLLECTION AGENT.
EXHIBIT P2            PHOTOCOPY OF THE REPLY TO EXT.P1

SUBMITTED BY THE COLLECTION AGENT ANIL KUMAR.

EXHIBIT P3 PHOTOCOPY OF THE FIR IN CRIME NO.605/2019 OF THAMPANOOR POLICE STATION.

EXHIBIT P4 PHOTOCOPY OF THE SPECIAL INVESTIGATION REPORT (THIRUVANANTHAPURAM MAIN (002) BRANCH, KSFE DATED 3.4.2019.

EXHIBIT P5 PHOTOCOPY OF THE SPECIAL INVESTIGATION REPORT (THIRUVANANTHAPURAM MAIN (002) BRANCH) DATED 27.5.2019.

EXHIBIT P6 PHOTOCOPY OF THE RELEVANT PAGES OF THE FINAL REPORT IN CRIME NO.605/2019 OF THAMPANOOR POLICE STATION.

EXHIBIT P7 PHOTOCOPY OF THE REPRESENTATION DATED 27.2.2020 SUBMITTED BY THE PETITIONER BEFORE THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES.