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K. Divakaran vs The General Manager
2023 Latest Caselaw 766 Ker

Citation : 2023 Latest Caselaw 766 Ker
Judgement Date : 12 January, 2023

Kerala High Court
K. Divakaran vs The General Manager on 12 January, 2023
WP(C) NO. 15158 OF 2013             1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
   THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
                          WP(C) NO. 15158 OF 2013
PETITIONER/S:
          K. DIVAKARAN
          SECRETARY, KERALA DINESH BEEDI (1) CO-OPERATIVE
          SOCIETY LTD., NELLIKATTE P.O., BELLE-671531,
          KASARAGOD DISTRICT.

              BY ADVS.
              SRI.T.K.VIPINDAS
              SRI.K.M.MUHAMMED HUSSAIN
              SMT.P.K.PRIYA
              SRI.K.V.SREE VINAYAKAN


RESPONDENT/S:
    1     THE GENERAL MANAGER,
          THE DISTRICT INDUSTRIAL CENTRE, VIDYANAGAR P.O.,
          KASARAGOD, PIN-671123.

      2        THE PRESIDENT
               THE HOSDURG BEEDI WORKERS' INDL.(SERVICE TYPE) CO-
               OPERATIVE SOCIETY LTD., NO.S.IND.(C)41, NELLIKKAT,
               P.O.BALLA, KANHANGAD, KASARAGOD DISTRICT-671531.

              BY ADVS.
              GOVERNMENT PLEADER
              SRI.A.ARUNKUMAR
              SRI.A.ARUNKUMAR


OTHER PRESENT:
          SRI.K.M.FAISAL, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 15158 OF 2013            2




                      P.V.KUNHIKRISHNAN, J
                  ---------------------------------------
                     W.P.(C) No.15158 of 2013
                   --------------------------------------
             Dated this the 12th day of January, 2023


                             JUDGMENT

The above writ petition is filed with following prayers :

"1. Issue a writ in the nature of certiorari or any other appropriate writ or direction calling for the records relating Exhibit P12 and quash the same as illegal.

2. Consequently issue a writ in the nature of certiorari or any other appropriate writ or direction calling for the records relating Exhibit P13 and P14 and quash the same as illegal.

3. Issue a writ in the nature of Mandamus or any other appropriate writ or direction directing the 1 st respondent to drop all further action against the petitioner.

4. Allow the writ petition with cost.

5. Grant such other relief which this Hon'ble Court may deem fit and proper in the fact and circumstance of the case." [SIC]

2. The impugned order in this writ petition is only a

show cause notice. No interim order is passed in this writ

petition. Probably, the prayers in this writ petition might have

been infructuous. If there is any surviving grievance to the

petitioner, the petitioner is free to approach the competent

authority, in accordance to law.

With the above observation, this writ petition is closed.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 15158/2013

PETITIONER EXHIBITS

EXHIBIT P1 : TRUE COPY OF THE JUDGMENT IN WPC 15068/2012 DT.2-9-2011.

EXHIBIT P2 : TRUE COPY OF THE COMMUNICATION DT.13-9-2010 ISSUED BY R1 TO R2.

EXHIBIT P3 : TRUE COPY OF THE REPLY DT.5- 10-2010 ISSUED BY R2 TO R1.

EXHIBIT P4 : TRUE COPY OF THE LETTER ISSUED BY CHAIRMAN, KERALA DINESH BEEDI WORKERS CENTRAL CO-OPERATIVE SOCIETY LTD. TO THE DIRECTOR, INDUSTRIAL DIRECTORATE, THIRUVANANTHAPURAM DT.27-12-2010.

EXHIBIT P5 : TRUE COPY OF THE LETTER ISSUED BY R1 TO R2 DT.14-6-2011.

EXHIBIT P6 : TRUE COPY OF THE REPLY SUBMITTED BY THE PRESIDENT TO R1 DT.15-7- 2011.

EXHIBIT P7 : TRUE COPY OF THE LETTER ISSUED BY R1 TO R2 DT.6-3-2012.

EXHIBIT P8 : TRUE COPY OF THE LETTER ISSUED BY R2 TO THE PETITIONER DT.16-3- 2012.

EXHIBIT P9 : TRUE COPY OF THE REPLY TO EXT.P8 ISSUED BY THE PETITIONER TO THE R2 DT.21-3-2012.

EXHIBIT P10 : TRUE COPY OF THE LETTER ISSUED BY THE R1 TO THE R2 DT.11-4-2013.

EXHIBIT P11 : TRUE COPY OF THE LETTER

ISSUED BY R2 TO R1 DT.3-5-2013.

EXHIBIT P12 : TRUE COPY OF THE LETTER ISSUED BY R1 TO R2 DT.23-5-2013.

EXHIBIT P13 : TRUE COPY OF THE RESOLUTION OF THE MANAGING COMMITTEE OF HOSDURG BEEDI WORKERS' INDL.(SERVICE TYPE) CO-OP.SOCIETY LTD. DT.8-6-2012.

EXHIBIT P14 : TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY R2 DT.10-6-2013.

EXHIBIT P15 : THE NOTICE ISSUED BY THE HONOURABLE LOK AYUKTA DT.10-4-2013 TO THE PETITIONER.

RESPONDENT'S EXHIBITS               :



ANNEXURE R1)A             A TRUE COPY OF THE RELEVANT PORTION OF

STANDING ORDER OF KERALA DINESH BEEDI EMPLOYEES CENTRAL PRIMARY COOPERATIVE SOCIETY

 
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