Sunil Kumar vs The Kerala State Financial ...
2021 Latest Caselaw 18579 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA,
                           1943
                  WP(C) NO. 18322 OF 2021


PETITIONER/S:


          SUNIL KUMAR
          AGED 45 YEARS
          S/O SANKARANARAYANAN.C.(LATE), CHENDORTHIL
          HOUSE,
          THIROORKKAD P.O,
          PERINTHALMANNA,
          MALAPPURAM-679321.
          BY ADVS.ALEX.M.SCARIA
          SARITHA THOMAS
          A.J.RIYAS
          M.M.GRACY
          BEAS K. PONNAPPAN



RESPONDENT/S:
    1    THE KERALA STATE FINANCIAL ENTERPRISES LIMITED
         BHADRATHA, MUSEUM ROAD,
         P.B.NO.510, THRISUR-680020,
         REPRESENTED BY ITS MANAGING DIRECTOR.
    2     THE MANAGING DIRECTOR
          KERALA STATE FINANCIAL ENTERPRISES LIMITED,
          BHADRATHA, MUSEUM ROAD,
          P.B.NO.510, THRISSUR-680020.
    3     THE PERINTHALMANNA BRANCH OF KERALA STATE
          FINANCIAL ENTERPRISES LTD.,
          REPRESENTED BY ITS MANAGER, OOTTY ROAD,
          PERINTHALMANNA, MALAPPURAM-679322.
 W.P.(C) No.18322 of 2021       ..2..




     4     THE ANGADIPPURAM BRANCH OF KERALA
           STATE FINANCIAL ENTERPRISES LTD.,
           REPRESENTED BY ITS MANAGER,
           PARIYAPURAM ROAD, ANAGADIPPURAM P.O,
           MALAPPURAM-679321.
           BY SRI.SALIL NARAYANAN, STANDING COUNSEL

            THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 08.09.2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
 W.P.(C) No.18322 of 2021             ..3..




                    W.P.(C)No.18322 of 2021
             ------------------------------------------------


                           JUDGMENT

Aggrieved by Exts.P6 and P7 proceedings initiated

by the first respondent, the Kerala State Financial Enterprises

Limited (KSFE), the petitioner preferred Ext.P19 representation

to the Managing Director of the KSFE. The limited prayer made

by the petitioner, when this matter was taken up, is for a

direction to the second respondent, the Managing Director of

KSFE to consider and pass appropriate orders on Ext.P19

representation, after affording the petitioner an opportunity of

hearing.

2. Heard the learned counsel for the petitioner as

also the learned Standing Counsel for the KSFE.

Having regard to the facts and circumstances of the

case, especially the fact that the petitioner is a commission

agent of the Perinthalmanna branch of the KSFE, I deem it W.P.(C) No.18322 of 2021 ..4..

appropriate to dispose of the writ petition directing the second

respondent to take a decision on Ext.P19, after affording the

petitioner an opportunity of hearing. Ordered accordingly. This

shall be done within two months. Needless to say that till a

decision is taken by the second respondent as directed, further

proceedings pursuant to Exts.P6 and P7 shall be deferred. It is

made clear that the hearing ordered in terms of this judgment

can be conducted through video conferencing.

Sd/-

P.B.SURESH KUMAR, JUDGE rkj W.P.(C) No.18322 of 2021 ..5..

APPENDIX OF WP(C) 18322/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE AGREEMENT DATED 01/06/2007 ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE LIST OF 31 NUMBERS OF PERSONS AND THEIR RESPECTIVE NUMBER OF CHITTY ALLOTTED THEM ARE DETAILED IN A SEPARATE LIST.

Exhibit P3 TRUE COPY OF THE LIST OF PERSONS SUBSTITUTED IS DETAILED IN A SEPARATE LIST AS PER EXHIBIT P2.

Exhibit P4 TRUE COPY OF THE APPLICATION FORMS SHOWING ALLOTMENT OF TICKET NUMBERS AS PER THE AGENCY OF THE PETITIONER FOR THE 31 PERSONS IN RESPECT OF WHICH CHITTY COMMENCED BY THE 3RD RESPONDENT(RELEVANT PAGES). Exhibit P5 TRUE COPY OF THE RELEVANT PAGES OF THE CHITTY SUBSCRIBERS SUBSTITUTED AS PER EXHIBIT-P3 LIST.

Exhibit P6 TRUE COPY OF THE DEMAND NOTICE DATED 11/06/2021 BEARING NO.086 DEMANDING TO REFUND AN AMOUNT OF RS.3,97,975/- Exhibit P7 TRUE COPY OF THE NOTICE DATED 10.05.2021 BEARING NO.593/AUDIT BY THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE LIST OF SUBSCRIBERS OF 36 PERSONS ORIGINALLY ADDED BY THE PETITIONER.

W.P.(C) No.18322 of 2021 ..6..

Exhibit P9 TRUE COPY OF THE SUBSTITUTED LIST FROM THE EXHIBIT P8 LIST.

Exhibit P10 TRUE COPY OF THE INTRODUCTION OF 36 TICKET HOLDERS IN THE CHITTY STARTED BY THE 4TH RESPONDENT.

Exhibit P11 TRUE COPY OF THE SUBSTITUTED SUBSCRIBERS AS PER EXHIBIT P9 LIST. Exhibit P12 TRUE COPY OF THE CIRCULAR DATED 17/04/2017 BEARING NO.3025/PLG ISSUED BY THE 1ST RESPONDENT.

Exhibit P13 TRUE COPY OF THE CIRCULAR DATED 23.06.2021 BEARING NO.12404 ISSUED BY THE 1ST RESPONDENT.

Exhibit P14 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER THE R.T.I ACT ON 30.04.2021 BEFORE THE 3RD RESPONDENT.

Exhibit P15 TRUE COPY OF THE REPLY DATED 09.06.2021 IN RESPECT OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P16 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER THE R.T.I ACT ON 10.05.2021 BEFORE THE 4TH RESPONDENT.

Exhibit P17 TRUE COPY OF THE REPLY DATED 04.06.2021 IN RESPECT OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT.

Exhibit P18 TRUE COPY OF THE AUDIT QUERY DATED 29/04/2021 IN RESPECT OF THE EXHIBIT P6.

Exhibit P19 TRUE COPY OF THE REPRESENTATION DATED 16.06.2021 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

W.P.(C) No.18322 of 2021 ..7..

Exhibit P20 TRUE COPIES OF SUCH CERTIFICATES BY THE PERSONS WHO HAVE BEEN SUBSTITUTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.