C.Vijayakumari vs The Joint Registrar Of ...
2021 Latest Caselaw 18621 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE AMIT RAWAL
 WEDNESDAY, THE 8TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943
                      WP(C) NO. 28215 OF 2014
PETITIONER:

             C.VIJAYAKUMARI
             W/O.MOHANASEKHAR,
             RESIDING AT 16/362,'SOUPARNIKA', MAIN ROAD,
             CHITTUR-678101,PALAKKAD DISTRICT.

             BY ADV SRI.RAJESH SIVARAMANKUTTY



RESPONDENTS:

     1       THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
             (GENERAL)
             OFFICE OF JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,
             CIVIL STATION,PALAKKAD-678001.

     2       SECRETARY
             THE CHANDRANAGAR CO-OPERATIVE HOUSE BUILDING SOCIETY
             LTD.NO.F-1624,CHANDRANAGAR.P.O,PALAKKAD-678007.

           BY ADVS.
           SMT.K.AMMINIKUTTY
           SRI.N.RAGHURAJ
           SRI.A.V.RAVI


             GP SRI JIMMY GEORGE




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   08.09.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 28215 OF 2014
                                     -2-



                                JUDGMENT

The prayers of the petitioner in the instant

case are as follows:-

"i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to compel the 2nd respondent to issue Non-Liability Certificate to the petitioner in order for the petitioner to claim the gratuity amount lawfully due to her for the employment rendered in the 2nd respondent-society, within a time frame that may be fixed by this Hon'ble Court;

ii. Declare that the petitioner is entitled to interest at 12% per annum from 30.09.2011 till payment on the delayed gratuity amount due to her from the 2nd respondent-society by means of an appropriate writ direction or order. "

There was audit objection that certain property

worth Rs.86,32,200/- was purchased from the general

fund of the society and on the basis of the

inspection as well as the enquiry, it was found that

there was a misappropriation. A demand of

Rs.9,28,024/- vide Ext.R2(a) was raised against the

petitioner and instead of remitting the same was

assailed under Section 83(1)(j) of the Kerala Co-

operative Societies Act. I am of the view that once WP(C) NO. 28215 OF 2014

there is a dispute with regard to the payment of

gratuity, this Court cannot decide the disputed

questions of fact as controversy can be addressed in

view of the availability of the efficacious remedy

under the provisions of the Kerala Co-operative

Societies Act. The writ petition is disposed of

with liberty to the petitioner to avail the

alternative remedy. In case the petitioner avails

the remedy within a period of 45 days from the date

of receipt of a copy of this judgment, the

objection qua the limitation would not be taken.

Sd/-

AMIT RAWAL JUDGE hmh WP(C) NO. 28215 OF 2014

APPENDIX OF WP(C) 28215/2014

PETITIONER EXHIBITS

EXT.P1 EXT.P1 COPY OF THE NOTICE DATED 1-1-2011 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT -SOCIETY

EXT.P2 EX.P2 COPY OF THE RELIEVING ORDER DATED 30-9-2011 ISSUED BY THE 2ND RESPONDENT

EXT.P3 EXT.P3 COPY OF THE LETTER DATED 27-4-2012 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXT.P4 EXT.P4 COPY OF THE NOTICE DATED 10-12-

EXT.P5 EXT.P5 COPY OF THE REPLY DATED 3-1-2013 ISSUED BY THE 2ND RESPONDENT-SOCIETY

EXT.P6 EXT.P6 COPY OF THE LETTER DATED 15-6-2013 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT-SOCIETY

EXT.P7 EXT.P7 COPY OF THE LETTER DATED 12-7-2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXT.P8 EXT.P8 COPY OF THE NOTICE DATED 19-7-2013 ISSUED BY THE INSPECTING OFFICER TO THE PETITIONER

EXT.P9 EXT.P9 COPY OF THE LETTER DATED 11-12-2013 ISSUED BY THE PETITIONER TO THE 2ND RESPONDENT

EXT.P10 EXT.P10 COPY OF THE LETTER DATED WP(C) NO. 28215 OF 2014

31-12-2013 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXT.P11 EXT.P11 COPY OF THE LETTER DATED 2-7-2014 ISSUED TO THE 1ST RESPONDENT

EXT.P12 EXT.P12 COPY OF THE LETTER DATED 30-7-

2014 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT.

RESPONDENT EXHIBITS

EXHIBIT R2(A) TRUE PHOTOCOPY OF THE ORDER BEARING

NO.2598/2013 HM DATED 06.03.2015

EXHIBIT R2(B) TRUE PHOTOCOPY OF THE COMMUNICATION

NO. 5458/PS2/15/CO.OP DATED 26.06.2015