Kerala High Court
J Ponnamma vs State Of Kerala on 6 February, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 5521 OF 2013
PETITIONER/S:
J PONNAMMA
AGED 57 YEARS
W/O. MATHEW, DALIT CHRISTIAN, OZHUKKUPARA HOUSE,
PARAKKOOTTAM P.O., ADOOR, PATHANAMTHITTA DISTRICT.
BY ADV SRI.B.BALA PRASANNAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE,
SECRETARIAT, THIRUVANANTHAPURAM, PN-695001.
2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM, PIN-695001.
3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
THIRUVANANTHAPURAM, PIN-695001.
4 THE UNIVERSITY OF KERALA
REPRESENTED BY ITS REGISTRAR, UNIVERSITY OFFICE
COMPLEX, THIRUVANANTHAPURAM, PIN-695001.
5 THE SECRETARY
KERALA UNIVERSITY EMPLOYEES CO-OPERATIVE SOCIETY,
UNIVERSITY OFFICE COMPLEX, THIRUVANANTHAPURAM, PIN-
695001.
BY ADVS.
SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
SRI.GEORGE POONTHOTTAM,SC,KERALA UTY.
SRI.T.B.HOOD
SMT.M.ISHA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (C) No.5521/2013 -2-
JUDGMENT
This writ petition has been filed in the year 2013 challenging the
recovery of amounts from the commuted value of pension and pension of the
petitioner to settle the liability of the petitioner with the 5 th respondent
society. When this matter is taken up for consideration today there is no
representation for the petitioner.
2. The learned counsel appearing for the 5 th respondent would
submit that the entire amounts have been recovered and the loan account has
been closed as early as in 2013.
3. Taking in to consideration of the submission of the learned
counsel appearing for the 5th respondent, I am of the view that nothing further
survives for consideration in this writ petition. It is accordingly dismissed.
Sd/-
GOPINATH P.
JUDGE
AMG
APPENDIX OF WP(C) 5521/2013
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE LOAN RECEIPT ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER AS CHALAN NO.
T000617 DATED 04.05.2004.
Exhibit P2 TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND
RESPONDENT DATED 18.12.2009.
Exhibit P3 TRUE COPY OF THE NOTICE ISSUED BY THE 5TH
RESPONDENT TO THE 4TH RESPONDENT BEARING NO.
36/10-11 DATED 08.03.2011 TO THE 1ST RESPONDENT.
Exhibit P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH
RESPONDENT ON 30.03.2011.
Exhibit P5 TRUE COPY OF THE LIABILITY CERTIFICATE NO.
AD.A.III.1/LC/20506/11 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER DATED 10.06.2011.
Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 3RD RESPONDENT DATED
18.10.2011.
Exhibit P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT DATED
25.05.2012
Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED TO THE
PETITIONER BY THE 5TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE ORDER ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER HAVING NO. AIII/I-
1/SP/20506/11/2012 DATED 11.09.2012.
Exhibit P10 TRUE COPY OF THE RECEIPT REGARDING COMMUTATION
OF PENSION SANCTIONED VIDE UO NO. AD.A.III-
1/SP/20506/11/2012 DATED 11.09.2012 ISSUED ON
05.01.2013 BY 4TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE PENSION PAYMENT ORDER NO.3401
TO THE PETITIONER FOR THE PERIOD FROM 1.04.2011
TO 31.01.2013 DATED NIL.
Exhibit P12 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER DATED 01.02.2013.
Exhibit P13 TRUE COPY OF THE REPRESENTATION DATED 01.02.2013
SUBMITTED BY THE PETITIONER BEFORE THE 4TH AND
5TH RESPONDENTS.
RESPONDENT EXHIBITS
Exhibit R5(a) TRUE COPY OF THE AGREEMENT EXECUTED BY THE
PETITIONER FOR RECOVERY FROM DEATH CUM
RETIREMENT GRATUITY AND COMMUTATION OF PENSION.
