Kerala High Court
Koraga (Koragappa) vs Chairman/District Collector on 13 February, 2025
Author: Murali Purushothaman
Bench: Murali Purushothaman
2025:KER:12773
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
WP(C) NO. 36317 OF 2023
PETITIONERS:
1 KORAGA (KORAGAPPA)
AGED 64 YEARS
S/O. CHANIYA, PUNDOOR KAVERIMOOLE HOUSE, P.O. NEKRAJE,
(VIA) CHENGALA, KASARAGOD., PIN - 671 543.
2 E. SHREEDARAN
AGED 67 YEARS
S/O. PARU, EDACHERI HOUSE, P.O.PILICODE, KASARAGOD.,
PIN - 671 310.
3 ASHOKAN
AGED 64 YEARS
S/O. KUMARAN, CHENEKKODE HOUSE, P.O.HIDAYATHNAGAR, (VIA)
VIDYANAGAR, KASARAGOD., PIN - 671123
4 K. BALAN
AGED 65 YEARS
S/O. KUMARAN, CHEETA HOUSE, P.O.KOZHUMMAL, ONAKKUNNU,
KARIVELLOOR PANCHAYATH, KANNUR DISTRICT., PIN - 670 521.
5 CHANDRAN C.
AGED 66 YEARS
S/O. MADERA, PUTHERIYADKA HOUSE, P.O.THEKKIL, (VIA)
CHENGALA, KASARAGOD DISTRICT., PIN - 671 541.
6 M.M. BHASKARAN
AGED 68 YEARS
S/O. KUMARAN, CHENEKKODE HOUSE, P.O.HIDAYATHNAGAR, (VIA)
VIDYANAGAR, KASARAGOD., PIN - 671 123.
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7 VASUDEVA
AGED 49 YEARS
S/O. AITHA, THEKKEMOOLE HOUSE, P.O.MUTTATHODY, (VIA)
VIDYANAGAR, KASARAGOD., PIN - 671 123.
8 BABU M.
AGED 68 YEARS
S/O. POKKA, ARIYADKA HOUSE, P.O.BARE, (VIA) UDUMA,
KASARAGOD., PIN - 671 319.
9 SUMITHRA S.
AGED 60 YEARS
S/O. CHANIYA, CHOORIPALLA HOUSE, P.O.NEKRAJE, (VIA)
CHENGALA, KASARAGOD., PIN - 671 543.
10 PRABHAKARA
AGED 57 YEARS
S/O. ANGARE, K.K. PURA HOUSE, P.O.CHENGALA, (VIA) CHENGALA,
KASARAGOD., PIN - 671 541.
11 K. RAVINDRAN
AGED 59 YEARS
S/O. RAMAN, PILICODE MATTLAYI HOUSE, P.O. PILICODE,
KASARAGOD., PIN - 671 310.
12 V. SUKUMARAN
AGED 57 YEARS
S/O. KANNAN, PERIYOLE HOUSE, P.O.UPPLAKAI, NEELESWARA,
KASARAGOD., PIN - 671 314.
13 LEELA
AGED 50 YEARS
W/O. VIJAYA, PUTHERIADKA HOUSE, P.O.THEKKIL, (VIA)
CHENGALA, KASARAGOD., PIN - 671 541.
14 RAMA S.
AGED 55 YEARS
S/O. KOOJA, MELBARE COLONY, P.O.MYLATTY, (VIA) UDUMA,
KASARAGOD., PIN - 671 319.
15 M. BABU
AGED 70 YEARS
S/O. MANKU, MAYOGAM HOUSE, NEAR GLP SCHOOL, BADAJE,
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P.O.MANJESWARA, KASARAGOD., PIN - 671 323.
16 C. RAMA
AGED 66 YEARS
S/O. BEDU, KALANAGAR HOUSE, MALATHPPARA, P.O. HARIPURAM,
(VIA) ANANDASRAMA, KASARAGOD., PIN - 671 531.
BY ADVS.
PUSHPARAJAN KODOTH
K.JAYESH MOHANKUMAR
VANDANA MENON
VIMAL VIJAY
RESPONDENTS:
1 CHAIRMAN/DISTRICT COLLECTOR
SCHEDULED CASTE/SCHEDULED TRIBE MOTOR TRANSPORT
WORKERS CO-OPERATIVE SOCIETY LTD. NO. C 966/1984,
CIVIL STATION, P.O. VIDYANAGAR, KASARAGOD.,
PIN - 671 123.
2 REGIONAL TRANSPORT OFFICER
KASARAGOD., PIN - 671 123.
3 DISTRICT PLANNIG OFFICER
OFFICE OF THE PLANNING SECRETARIAT, CIVIL STATION, P.O.
VIDYANAGAR, KASARAGOD., PIN - 671 123.
4 SCHEDULED CASTE DEVELOPMENT OFFICER
CIVIL STATION, P.O. VIDYANAGAR, KASARAGOD.,
PIN - 671 123.
5 SCHEDULED TRIBE DEVELOPMENT OFFICER
CIVIL STATION, P.O. VIDYANAGAR, KASARAGOD.,
PIN - 671 123.
6 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
KASARAGOD., PIN - 671 121.
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7 THE EXECUTIVE OFFICER
KERALA MOTOR TRANSPORT WORKERS WELFARE FUND BOARD,
DISTRICT OFFICE, KANHANGAD, KASARAGOD DISTRICT.,
PIN - 671 315.
BY ADVS.
NAVEEN T
LATHA T. THANKAPPAN, SPECIAL GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.02.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioners were members of the Kasargod
District Scheduled Caste/ Scheduled Tribe Motor
Transport Workers Welfare Co-operative Society Ltd,
(for short, 'the Society'). They were working as
drivers and conductors in the buses owned by the
Society. Deductions were made from the salary of the
petitioners towards the Kerala Motor Transport
Workers Welfare Fund. Now the Society is defunct.
The petitioners state that the Society is having 25
cents of land with a building thereon. That apart, an
amount of Rs.13 lakhs has been deposited by the
Society in the Kerala Bank and an amount of Rs.3
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Lakhs deposited with the Canara Bank, Kasargod.
The grievance of the petitioners is that they are not
paid the welfare fund benefits by the 7th respondent.
When the petitioners approached the authorities of
the Board, they were informed by Ext.P1 that, the
Society building was destroyed in fire in the year
2011 and no documents are available with the 7 th
respondent regarding their employment. Thereafter,
the petitioners submitted a representation before the
1st respondent, District Collector and in the meeting
convened by the 1st respondent, the 6th respondent
was directed to conduct an enquiry into the benefits
due to the employees and other affairs of the Society.
Ext.P2 is the minutes of the meeting. However, no
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information is available as to the steps taken pursuant
to Ext.P2. The benefits due to the petitioners are not
yet sanctioned or disbursed. Accordingly, the
petitioners have filed this writ petition for the
following reliefs:-
"i) issue a writ of mandamus any other
appropriate writ, order or direction,
directing the 1st respondent to disburse
the amounts due to the petitioners from
the Kerala Motor Transport Workers
Welfare Fund Board, provident fund and
pensionary benefits to the petitioners
forthwith;
ii) issue a writ of mandamus any other
appropriate writ, order or direction,
directing the 7th respondent to disburse
the amounts due to the petitioners from
the Kerala Transport Workers Welfare
Fund Board forthwith;
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iii) issue a writ of mandamus any other
appropriate writ, order or direction,
directing the respondents 1 to 7 to
disburse the amount due to the petitioners
by releasing the fixed deposit in the
Banks and also by selling the 25 cents
with the building owned by the society;
iv) issue a writ of mandamus any other
appropriate writ, order or direction,
directing the 6th respondent to pass orders
as directed by the 1st respondent in Ex.P2;
v) declare that the destruction of the files
relating to the petitioners is not a ground
to deny the benefits claimed by the
petitioners with regard to their
employment in the Kasargod District
Scheduled Caste/Scheduled Tribe Workers
Co-operative Society;"
2. When the writ petition came up for
consideration today, the learned Special Government
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Pleader, on instruction, submitted that, an amount of
Rs.33,30,222/- in the name of the Society has been
transferred to the account of the District Collector and
the District Collector has transferred the same to the
Government.
3. The benefits due to the petitioners are not
so far released. No decision is so far taken on their
request for granting the benefits. In the
circumstances, this writ petition is disposed of with
the following directions:-
a) The petitioners shall file a representation
before the 1st respondent for the benefits due
to them from the welfare fund with
necessary details within a period of two
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weeks from the date of receipt of a copy of
this judgment.
b) On receipt of such representation, the 1 st
respondent shall consider the same with
notice to the petitioners and pass appropriate
orders in accordance with law, within a
period of two months thereafter.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
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APPENDIX OF WP(C) 36317/2023
PETITIONERS' EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 04.03.2016
ISSUED BY THE 7TH RESPONDENT TO THE 1ST
PETITIONER.
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 02.11.2022
PASSED BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS
EXT.R7(a) TRUE COPY OF THE STATEMENT GIVEN BY THE 1ST
PETITIONER BEFORE THE 7TH RESPONDENT DATED 2-
5-2015.
EXT.R7(b) TRUE COPY OF THE LETTER NO. ES-141/1988-98
DATED 1-10-20215 SENT BY THE 7TH RESPONDENT TO
THE JOINT REGISTRAR (GEL.) OF CO-OP. SOCIETIES.
EXT.R7(c) TRUE COPY OF THE LETTER NO. E.S-141/1988-98
DATED 1-12-2015 SENT BY THE 7TH RESPONDENT TO
THE JOINT REGISTRAR (GEL.) OF CO-OP. SOCIETIES.
EXT.R7(d) TRUE COPY OF THE ENQUIRY NOTICE NO. ES
141/1988-98 DATED 19-1-2016 ISSUED BY THE 7TH
RESPONDENT.
EXT.R7(e) TRUE COPY OF THE STATEMENT DATED 2-3-2016
GIVEN BY THE AUTHORISED OFFICER BEFORE THE
7TH RESPONDENT.
EXT.R7(f) TRUE COPY OF THE LETTER NO. S1-2176/2011 DATED
29-2-2016 SENT BY THE DISTRICT SCHEDULED CASTE
DEVELOPMENT OFFICER TO THE 7TH RESPONDENT.
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EXT.R7(g) TRUE COPY OF THE LETTER NO. E.S/141/1988-96
DATED 4-3-2016 ISSUED BY THE 7TH RESPONDENT.
EXT.R7(h) TRUE COPY OF THE LETTER NO. E.S/141/1988-96
DATED 16-3-2016 ISSUED BY THE 7TH RESPONDENT.
