Petitioner sought disbursement of DCRG delayed due to lack of revised Loan Certificate. Court directed Respondents to issue revised LC/NLC and disburse balance within two weeks of communication.
Directed fifth respondent to issue revised LC/NLC within two weeks; fourth respondent to disburse balance upon receipt.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 3228 of 2009(H) -------------------------
PETITIONER(S): ---------------
P.R.RAVEENDRAN NAIR, S/O.A.P.GOVINDA PILLAI, AGED 72 YEARS, RESIDING AT PULICKAL HOUSE, CHETHIMATTAM, PALA 686575.
BY ADV. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE
RESPONDENT(S):
ADV. SRI.V.M.KURIAN FOR R4 SRI.V.K.SUNIL FOR R5
BY GOVT. PLEADER SMT. ANU SIVARAMAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
Ext.P1. True copy of the Order bearing No.P5-613/94 dated 31.3.2001 of the 3rd respondent.
Exts.P2 and P2(a). True photocopy of the order bearing No.P10-613/94 dated 1.6.2005 and order dated 1.3.2005.
Ext.P3 and P3(a) True photocopy of the representation dated 21.11.2007 submitted before the 2nd
Ext.P4 and P4(a). True photocopy of the lawyer notice dated 22.12.2008 and the acknowledgment due.
// true copy //
P.A to Judge.
ANTONY DOMINIC, J.
--------------------------------------------------
W.P.(C) NO.3228 OF 2009 (H) -------------------------------------------------Dated this the 9th day of November, 2009
J U D G M E N T
According to the petitioner, while working as Provisional Municipal Commissioner in the office of the 4th respondent, he retired from service on voluntary retirement, with effect from 31.12.1988. It is his case that by Ext.P1, gratuity of Rs.31,515/was sanctioned by the 3rd respondent. It is stated that initially an amount of Rs.64,345/- was indicated as his liability and that by Ext.P2, the 2nd respondent has intimated the 5th respondent to reduce the petitioner's liability to Rs.5,200/- and issue a revised LC/NLC in order to enable the petitioner to receive the balance amount of DCRG from the 4th respondent. Complaint of the petitioner is that despite several requests that he made to the 5th respondent, so far revised LC/NLC has not been issued in pursuance to Ext.P2.
the case, necessarily the 5th respondent has to issue revised
WPC.No.3228 /09
:2 :
LC/NLC in pursuance to Ext.P2. This apparently was the only reason for delay in the disbursement of DCRG by the 4th respondent. Therefore the writ petition is disposed of with the following directions.
Petitioner shall produce a copy of the judgment before the 5th respondent, who shall within two weeks thereof issue revised LC/NLC in pursuance to Ext.P2 order of the 2nd respondent. On receipt of LC/NLC as above, the 4th respondent shall disburse the balance amount of DCRG to the petitioner without any further delay.
(ANTONY DOMINIC) JUDGE
vi/
2 issues framed by the court
Whether the petitioner is entitled to disbursement of DCRG after revised LC/NLC is issued.
Whether the Respondent 5th is directed to issue revised LC/NLC within two weeks.
1 provisions across 1 enactments
P.R.Raveendran Nair
The State of Kerala
The Director of Urban Affairs
The Director of Municipal Administration
The Secretary of Municipality Pala
The Secretary of Municipality Pathanamthitta
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
