Kerala High Court
Achamma Tharakan.V.G vs State Of Kerala on 18 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 18TH DAY OF JANUARY 2023 / 28TH POUSHA, 1944
WP(C) NO. 21812 OF 2013
PETITIONER/S:
ACHAMMA THARAKAN.V.G.
AGED 43 YEARS
W/O.SUNIL MATHEW, ELAVUMMOOTTIL EBENEZER,
K.P.7/71, GNRA-E-63C, GANGA NAGAR,
KUDAPPANAKKUNNU, THIRUVANANTHAPURAM - 695 043.
BY ADVS.
SRI.P.K.MUHAMMED
SRI.M.ABDUL RASHEED
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF CO-
OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, 695 001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM.
3 THE MANAGING DIRECTOR
KERALA STATE FINANCIAL ENTERPRISES, REGIONAL
STATE FINANCIAL ENTERPRISES, REGIONAL OFFICE,
THRISSUR.
4 KERALA STATE FINANCIAL ENTERPRISES STAFF
CO-OPERATIVE SOCIETY LTD, NO.T.777, REPRESENTED
BY ITS SECRETARY, KSFE SILVER JUBILEE BUILDING,
STATUE, THIRUVANANTHAPURAM.
5 THE PRESIDENT
KERALA STATE FINANCIAL ENTERPRISES STAFF CO-
OPERATIVE SOCIETY LTD., NO.T.777, KSFE SILVER
JUBILEE BUILDING, STATUE, THIRUVANANTHAPURAM.
BY ADVS.
SRI.LAL GEORGE, SC, KERALA STATE FINANCIAL
ENTERPRISES LTD.
SRI.VINOD KUMAR.C
-2-
W.P.(C). No. 21812 of 2013
OTHER PRESENT:
SRI.SALIL NAYANAN, SC FOR R3
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 18.01.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
-3-
W.P.(C). No. 21812 of 2013
P.V.KUNHIKRISHNAN, J.
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W.P.(C) No. 21812 of 2013
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Dated this the 18th day of January, 2023
JUDGMENT
The above writ petition is filed with following prayers:
i) Issue a writ of mandamus or other appropriate writ,
order or direction, commanding the respondents 4 and 5
to act upon Exhibit-P3 representation and expeditiously
release the amount in fixed deposit in the name of the
petitioner as per Exhibit-P1 together with agreed rate of
interest;
ii) Issue a writ of mandamus or other appropriate writ,
order or direction, commanding the respondents 2 and 3
to take necessary action in accordance with law to attach
the moveable and immovable assets of respondents 4 and
5 and other erring officials including their salary and
allowances and safeguard the interest of the petitioner,
And
iii) Pass such other order or direction, as this Honourable
Court deems fit and proper to grant in the facts and
circumstances of the case." (sic)
2. The main prayer in this writ petition is to issue
appropriate direction to respondents 4 and 5 to release the fixed
W.P.(C). No. 21812 of 2013
deposit in the name of the petitioner as per Ext.P1. The point
raised in this writ petition is covered against the petitioner in the
Full Bench decision of this Court in Shanmukha Sundaram
Pillai S. v. Meenachil Rubber Marketing & Processing Co-
operative Society Ltd. No.K 118 and Others [2022 (3) KHC
121]
In the light of the same, no orders can be passed invoking
the powers under Article 226 of the Constitution of India.
Leaving open all the other contentions and rights of the petitioner
to agitate the case raised in this writ petition before the
appropriate authority, this writ petition is closed.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
W.P.(C). No. 21812 of 2013
APPENDIX OF WP(C) 21812/2013
PETITIONER EXHIBITS
EXT.P1: TRUE COPY OF THE FIXED DEPOSIT RECEIPT AND
CASH RECEIPT ISSUED IN MAY 2012 BY THE 4TH
RESPONDENT.
EXT.P2: TRUE COPY OF THE BUILDING PERMIT DATED
3/10/2012 ISSUED BY CORPORATION OF
THIRUVANANTHAPURAM.
EXT.P3: TRUE COPY OF THE REPRESENTATION DATED
15/4/2013 SUBMITTED BY PETITIONER BEFORE THE 4TH
RESPONDENT
EXT.P4: TRUE COPY OF THE TREATMENT RECORDS OF
PETITIONER'S FATHER GEE VARGHESE THARAKAN AND MOTHER
MARY VARGHESE ISSUED FROM THE REGIONAL CANCER
CERNTE, THIRUVANANTHAPURAM.
