Kerala High Court
Jishnu G vs Parakkadavu Service ... on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 13795 OF 2023
PETITIONER:
JISHNU G.
S/O GOPALAKRISHNAN, AGED 27 YEARS, RESIDING AT
KANICHATTUPALLATH HOUSE, PAARAKKADAVU, ERNAKULAM,
PIN - 683579
BY ADVS.
M.M.MONAYE
M.PAUL VARGHESE
RESPONDENTS:
1 PARAKKADAVU SERVICE CO-OPERATIVE BANK LTD. NO. 2843,
PARAKKADAVU P.O., ERNAKULAM, PIN - 683579
REPRESENTED BY ITS SECRETARY
2 THE MANAGING COMMITTEE OF THE PARAKKADAVU SERVICE CO-
OPERATIVE BANK LTD.NO. 2843
PARAKKADAVU P.O, ERNAKULAM-683579,
REPRESENTED BY ITS PRESIDENT.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
CIVIL STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030
4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,
ALUVA, ERNAKULAM DISTRICT, PIN - 683101.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = =
W.P.(C) No.13795 of 2023
= = = = = = = = = = = = = = = = = =
Dated this the 13th day of April, 2023
J U D G M E N T
Ext.P32 order passed by the third respondent is
under challenge in this writ petition.
2. The request of the petitioner for appointment
under the Dying-in-harness Scheme was rejected by the
Society. This Court as per Ext.P29 judgment, directed
the third respondent Joint Registrar to consider the
issue noticing that the parties are at ad idem that as
per the Scheme, the third respondent also has
jurisdiction. Pursuant thereto, the third respondent has
considered the claim and passed Ext.P32 order rejecting
the claim of the petitioner.
3. It is not in dispute that, as against Ext.P32
order of the Joint Registrar, the petitioner has a
statutory remedy of appeal. On the facts and materials,
the third respondent has entered a finding on the
W.P.(C) No.13795 of 2023
dependency of the petitioner. It is only appropriate
that any challenge against the same be made through the
statutory forum which is entitled to re-appreciate the
facts and evidence. There is no special reason to
entertain this writ petition.
Resultantly, relegating the petitioner to resort to
the statutory remedy of appeal, the writ petition is
dismissed.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 13795/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE DEATH CERTIFICATE DATED
19.01.2018
Exhibit P2 A TRUE COPY OF THE RELATIONSHIP CERTIFICATE
DATED 02.08.2008 ISSUED BY VILLAGE OFFICER,
PARAKKADAVU
Exhibit P3 A TRUE COPY OF THE APPLICATION DATED
28.02.2018
Exhibit P4 A TRUE COPY OF THE PHYSICAL FITNESS
CERTIFICATE OF THE PETITIONER DATED
08.02.2018
Exhibit P5 A TRUE COPY OF THE CHARACTER AND CONDUCT
CERTIFICATE DATED 20.02.2018
Exhibit P6 A TRUE COPY OF ANOTHER CHARACTER AND CONDUCT
CERTIFICATE DATED 07.02.2018
Exhibit P7 A TRUE COPY OF THE SSLC CERTIFICATE OF THE
PETITIONER DURING THE YEAR OF MARCH 2012
Exhibit P8 A TRUE COPY OF THE HIGHER SECONDARY
EXAMINATION CERTIFICATE OF THE PETITIONER
DATED 13.05.2014 DURING THE YEAR OF MARCH
Exhibit P9 A TRUE COPY OF THE LETTER ISSUED BY THE
SOCIETY DATED 03.07.2018
Exhibit P10 A TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER DATED 14.08.2018
Exhibit P11 A TRUE COPY OF THE LEGAL HEIR SHIP
CERTIFICATE ISSUED BY THE TAHSILDAR ALUVA
DATED 06.07.2018
Exhibit P12 A TRUE COPY OF AN AFFIDAVIT OF THE WIFE OF
LATE VIJAYAKUMAR DATED 13.08.2018
Exhibit P13 A TRUE COPY OF THE CONSENT LETTER DATED
14.08.2018 SUBMITTED BY THE RELATIVES OF LATE
P.D. VIJAYAKUMAR
APPENDIX-WP(C) 13795/2023
Exhibit P14 A TRUE COPY OF THE CIRCULAR 26/89 DATED
02.05.1989
Exhibit P15 A TRUE COPY OF THE JUDGMENT IN WPC 34906/2018
DATED 05.03.2019
Exhibit P16 A TRUE COPY OF THE REJECTION ORDER DATED
03.05.2019
Exhibit P17 A TRUE COPY OF THE REQUEST DATED 15.6.2019
Exhibit P18 A TRUE COPY OF THE FIRST PAGE OF RATION CARD
CONTAINING THE NAME OF GOPALAKRISHNAN
Exhibit P19 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED
06.07.2019
Exhibit P20 A TRUE COPY OF THE CERTIFICATE OF ICDS
OFFICER DATED 06.12.2018
Exhibit P21 A TRUE COPY OF THE JUDGMENT IN WP(C). NO.
19510 OF 2019 (K) DATED 16.08.2019
Exhibit P22 A TRUE COPY OF THE DECISION FORWARDED TO THE
PETITIONER DATED 09.10.2019
Exhibit P23 A TRUE COPY OF THE JUDGMENT IN C.O.C.
2119/2019 DATED 24.10.2019
Exhibit P24 A TRUE COPY OF THE DECISION FORWARDED TO THE
PETITIONER DATED 08.11.2019
Exhibit P25 A TRUE COPY OF THE JUDGMENT IN C.O.C.
271/2020 DATED 03.02.2020
Exhibit P26 A TRUE COPY OF THE CERTIFICATE OF DEPARTMENT
OF CARDIOLOGY, GOVERNMENT MEDICAL COLLEGE,
ERNAKULAM DATED 27.02.2020
Exhibit P27 A TRUE COPY OF THE G.O.(MS) NO.43/88 CO-OP
DATED 13.10.1988
Exhibit P28 A TRUE COPY OF THE REPRESENTATION DATED
06.03.2020
APPENDIX-WP(C) 13795/2023
Exhibit P29 A TRUE COPY OF THE JUDGMENT IN WPC 7539/2020
DATED 16.08.2022
Exhibit P30 A TRUE COPY OF THE WRITTEN SUBMISSION DATED
12.10.2022
Exhibit P31 A TRUE COPY OF THE CERTIFICATE OF THE
PRESIDENT OF THE PARAKKADAV GRAMA PANCHAYAT
DATED 13.09.2022
Exhibit P32 A TRUE COPY OF THE ORDER OF THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES DATED
03.12..2022
-----
