O.Viswanathan vs State Of Kerala
2021 Latest Caselaw 13386 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        MONDAY, THE 28TH DAY OF JUNE 2021 / 7TH ASHADHA, 1943
                       WP(C) NO. 31514 OF 2013
PETITIONER:

           O.VISWANATHAN
           S/O.LATE KOCHUNNI, SECRETARY(RETIRED)ARACKAL SERVICE
           CO-OPERATIVE BANK LIMITED NO:1858, VALAKOM, KOLLAM
           DISTRICT, RESIDING AT KADAMVILA VEEDU, THEVARTHOTTAM,
           THADIKKADU P O, ANCHAL, KOLLAM

           BY ADVS.
           SRI.B.MOHANLAL
           SRI.A.SANIL KUMAR



RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT
           OF CO-OPERATION , GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM, PIN-695001

    2      THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
           COLLECTORATE, KOLLAM-691013

    3      THE ARACKAL SERVICE CO-OPERATIVE BANK LTD NO: 1858
           VALAKOM, KOLLAM DISTRICT, REPRESENTED BY ITS SECRETARY

           BY ADVS.
           SMT.N.ASWATHY
           SMT.K.R.MONISHA
           SRI.N.SASI
           SMT.A.SREEKALA

           SRI.B.HARISHKUMR, GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31514 OF 2013
                                 2


                          JUDGMENT

Learned counsel for the petitioner submits that a

representation dated 12.05.2013 against the notice dated

06.10.2012 was submitted by the petitioner before the 2 nd

respondent-Joint Registrar of Co-operative Societies, but no

decision was taken constraining the petitioner to approach

this Court praying for a direction that the same may be

decided within a time frame. Learned counsel for the

respondents has expressed no aversion. On going through

the writ petition there is no interim stay qua Ext.P1. The

amount must have been recovered by realizing the

pensionary benefits of the petitioner on superannuation. Be

that as it may, since the petitioner has already filed a

representation long time back and stated to be pending,

without commenting on the merits of the matter, I dispose

of the writ petition by directing the 2nd respondent to decide

the representation Ext.P6 after affording opportunity of

hearing in accordance with law within a period of three WP(C) NO. 31514 OF 2013

months from the date of receipt of the copy of this

judgment. Petitioner is at liberty to produce all additional

documents before the 2nd respondent at the time of the

hearing of the representation.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 31514 OF 2013

APPENDIX OF WP(C) 31514/2013

PETITIONER ANNEXURE

EXHIBIT P1 THE TRUE COPY OF THE NOTICE DTD 6/10/2012 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DTD 28/6/2000 IN OP NO 11388/1992 OF THIS HON'BLE COURT

EXHIBIT P3 TRUE COPY OF THE JUDGMENT DTD 28/1/2005 IN WPC NO 33657/2004 OF THIS HON'BLE COURT

EXHIBIT P4 TRUE COPY OF THE ORDER NO CRB-

6514/04/K.DIS DTD 2/3/2005 PASSED BY THE 2ND RESPONDENT

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT DTD 1/12/2005 IN WPC NO 25127/2005 OF THIS HON'BLE COURT

EXHIBIT P6 THE TRUE COPY OF THE REPRESENTATION DTD 12/5/2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P7 THE TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE NEPHROLOGIST ST JOSEPH, HOSPITAL, ANCHAL