K.S.Sudevan Pillai vs The Deputy Director Of Diary ...
2024 Latest Caselaw 4900 Ker

Citation : 2024 Latest Caselaw 4900 Ker
Judgement Date : 9 February, 2024

Kerala High Court

K.S.Sudevan Pillai vs The Deputy Director Of Diary ... on 9 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
        FRIDAY, THE 9TH DAY OF FEBRUARY 2024 / 20TH MAGHA, 1945
                        WP(C) NO. 20416 OF 2016
PETITIONER:

            K.S.SUDEVAN PILLAI
            KULAKKADU HOUSE, PONNAD.P.O, MANNANCHERY,
            ALAPPUZHA-688538.
            BY ADV SRI.B.PRAMOD


RESPONDENTS:

    1       THE DEPUTY DIRECTOR OF DIARY DEVELOPMENT
            ALAPPUZHA-688001.
    2       THE DIARY EXTENSION OFFICER
            ARYAD BLOCK, ALAPPUZHA.
    3       KAVUNKAL KSHEEROLPADAKA SAHAKARANA SANGHAM
            LTD.NO.A-181(D), APCOS, MANNANCHERRY-688538,
            ALAPPUZHA, REPRESENTED BY ITS SECRETARY.
    4       THE PRESIDENT
            KAVUNKAL KSHEEROLPADAKA SAHAKARANA SANGHAM LTD.
            NO.A-181(D),APCOS,MANNANCHERRY-688538,ALAPPUZHA.


BY ADV.

            SRI BS SYAMANTAK, GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20416 OF 2016


                                2



              P.V.KUNHIKRISHNAN, J.
               ------------------------------
             W.P.(C)No. 20416 of 2016
       ----------------------------------------------
    Dated this the 09th day of February, 2024


                      JUDGMENT

The above writ petition is filed with the

following prayers;

(i) Issue a wit of mandamus or any other

appropriate writ or order directing the

respondents 1 and 2 to see that the petitioner

is given the charge of the secretary of the 3 rd

respondent society at the earliest,

(ii) Issue a writ of mandamus or any other

appropriate writ or order directing the 3rd and

4th respondents to give to the petitioner the

charge of the secretary of the 3 rd respondent

forthwith;

WP(C) NO. 20416 OF 2016

(iii) Issue such other order as this Hon'ble

court deems fit and necessary in the facts and

circumstance of the case."

2. The main prayer in this writ petition is

regarding the reinstatement of the petitioner as the

secretary of a society consequent to the verdict of

this Court and refusal of the Managing Committee to

hand over the charge of the secretary. In paragraph

No.7 of the counter affidavit filed by the 1 st

respondent, it is stated like this;

"The respondent society issued a notice dated

24.05.2016 to the petitioner directing the

petitioner to join duty within 7 days. The

petitioner in obedience of this notice rejoined

duty on 31.05.2016. On the date above the

petitioner rejoined duty, the petitioner was

permitted to put his signature in the muster WP(C) NO. 20416 OF 2016

roll. But he was not given the charges of the

Secretary. In these circumstances this

respondent gave directions to the 3rd

respondent society to hand over charges of

the society to the petitioner immediately vide

letter No.C/64/2002 on 25.06.2016. In respect

of this letter the respondent society board

meeting held on 30.06.2016 taken decision to

hand over charges of the secretary to the

petitioner. Accordingly the society had handed

over charges and duties of the secretary to the

petitioner with effect from 2/7/2016."

3. In the light of the above submission, the

prayers in this writ petition are infructuous.

Therefore, this Writ Petition is dismissed as

infructuous.

Sd/-

P.V.KUNHIKRISHNAN nvj JUDGE WP(C) NO. 20416 OF 2016

PETITIONER EXHIBITS P1 TRUE COPY OF THE LETTER DATED 08.01.2016 ISSUED BY THE 1ST RESPONDENT P2 TRUE COPY OF INTERIM ORDER DATED 01.03.2016 IN W.P(C)7075/2016 OF THIS HON'BLE COURT P3 TRUE COPY OF THE NOTICE DATED 24.05.2016 ISSUED TO THE PETITIONER P4 TRUE COPY OF THE JUDGMENT DATED 31-05-2016 IN W.P(C)7075/2016 OF THIS HON'BLE COURT P5 TRUE COPY OF THE NOTICE DATED 06.05.2016 TO THE 4TH RESPONDENT P6 TRUE COPY OF THE POSTAL A/D CARD SHOWING THE RECEIPT OF NOTICE BY 1ST RESPONDENT P7 TRUE COPY OF POSTAL A/D CARD SHOWING THE RECEIPT OF NOTICE BY 2ND RESPONDENT P8 TRUE COPY OF THE POSTAL A/D CARD SHOWING THE RECEIPT OF NOTICE BY 4TH RESPONDENT.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY// PA TO JUDGE