Kerala High Court
*C. Balakrishnan vs Kasargod District Co-Operative ... on 17 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
Tuesday, the 17th day of January 2023 / 27th Pousha, 1944
IA.NO.1/2022 IN WA NO. 1179 OF 2020
(AGAINST THE JUDGMENT DATED 4.12.2017 IN WP(C)NO. 3325/2015 OF THIS COURT)
PETITIONERS/ 2ND APPELLANT/LEGAL HEIRS SOUGHT TO BE IMPLEADED AS
ADDL.APPELLANTS: -
1. M. MANAPPA GATTY, AGED 60 YEARS, S/O. KRISHNA GATTY, UMANILAYAM,
SEETHANGOLI, P. O. EDANAD, KUMBLA, KASARGODE DT.PINCODE-671531.
*ADDL.A3 TO A5 IMPLEADED.
2. DR.C.K.SHYAMALA, W/O.LATE C.BALAKRISHNAN,AGED 58
YRS,ASHADAM,KARAKUZHI,AJANOOR P.O.,KASARGODE DT.,PINCODE-671531.
3. DR.NISHANTH B.S., S/O.LATE C.BALAKRISHNAN,AGED 35
YRS,ASHADAM,KARAKUZHI,AJANOOR P.O.,KASARGODE DT.,PINCODE-671531.
4. DR.SHABANA B.S., D/O.LATE C.BALAKRISHNAN,AGED 32
YRS,ASHADAM,KARAKUZHI,AJANOOR P.O.,KASARGODE DT.,PINCODE-671531.
*THE LEGAL HEIRS OF DECEASED 1ST APPELLANT IS IMPLEADED AS
ADDITIONAL A3 TO A5 AS PER ORDER DATED 17/1/23 IN IA 1/2022 IN WA
1179/2020.
RESPONDENTS/RESPONDENTS:
1. KASARGOD DISTRICT CO-OPERATIVE BANK LTD. REPRESENTED BY ITS GENERAL
MANGER, P. B. NO.48, NAYAK'S ROAD, KASARGODE - 671 121.
2. THE LIFE INSURANCE CORPORATION OF INDIA, REPRESENTED BY ITS SENIOR
BRANCH MANAGER, P AND GS UNIT, 7TH FLOOR, DIVISIONAL OFFICE, JEEVAN
PRAKASH, HUZUR ROAD, KOZHIKODE - 673 001.
3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4. N. BABY W/O. NARAYANAN NAIR, SAI PRABHA, NEAR MUTHAPPANAR KAVU,
KANHANGAD SOUTH P. O., KASARGOD DIST, PIN- 671 310.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to implead petitioners
No 2 to 4 as additional appellants Nos. 3 to 5, in the above Writ Appeal
and connected petitions.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this court's order dated
16.11.2022 in WA NO.1179/2020 and upon hearing the arguments of
SRI.P.SHEEBA, Advocate for the petitioners in IA/WA, SRI.M.SASINDRAN,
STANDING COUNSEL FOR R1, M/S. SAHASRANAMAN P B & T.S.HARIKUMAR,Advocates
for R2 in IA/WA and of SPECIAL GOVERNMENT PLEADER AND SRI.ASOK M.CHERIAN,
ADDITIONAL ADVOCATE GENERAL (B/O) for the R3 in IA/WA, the court passed
the following:
A.K. JAYASANKARAN NAMBIAR & MOHAMMED NIAS C.P., JJ
......................................................
IA No.1 of 2022 in WA No.1179 of 2020
.................................................................
Dated this the 17th day of January, 2023
ORDER
A.K. Jayasankaran Nambiar, J.
This is a petition to implead Dr C.K. Shymala W/o Late C.Balakrishnan,
Aged 58 years, Ashadam, Karakuzhi Ajanoor.P.O, Kasargode District, Pincode-
671531, Dr. Nishanth B.S, S/o Late C.Balakrishnan Aged 35years, Ashadam,
Karakuzhi Ajanoor.P.O, Kasargode District, Pincode-671531 and
Dr.Shabana.B.S, D/o Late C.Balakrishnan, Aged 32 years, Ashadam, Karakuzhi
Ajanoor.P.O, Kasargode District, Pincode-671531 as legal heirs of the first
appellant.
Heard. Allowed.
Dr C.K. Shymala W/o Late C.Balakrishnan, Aged 58 years, Ashadam,
Karakuzhi Ajanoor.P.O, Kasargode District, Pincode-671531, Dr. Nishanth B.S,
S/o Late C.Balakrishnan Aged 35years, Ashadam, Karakuzhi Ajanoor.P.O,
Kasargode District, Pincode-671531 and Dr.Shabana.B.S, D/o Late
C.Balakrishnan, Aged 32 years, Ashadam, Karakuzhi Ajanoor.P.O, Kasargode
District, Pincode-671531 are impleaded as additional appellants 3 to 5 in the
writ appeal.
Sd/- A.K. JAYASANKARAN NAMBIAR,
JUDGE
Sd/- MOHAMMED NIAS C.P.
JUDGE
dlk/17.01.2023
