Disposed

N.Vijayandhan v. Treesa Antony and Others

Kerala HC3 Dec 2012WP(C)/99/2008

Case brief

AI extract

What is this about?

This court disposed of a writ petition filed to challenge proceedings to recover a sum from DCRG benefits. The court granted the petitioner six months to pay the outstanding amount in installments, allowing disbursement of benefits upon payment.

What did the court decide?

Petitioner granted six months to pay outstanding amount in equal monthly installments. DCRG benefits to be disbursed on payment.

N.Vijayandhan Vs Treesa Antony and Others — Service and Employment | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

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MONDAY, THE 3RD DAY OF DECEMBER 2012/12TH AGRAHAYANA 1934

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WP(C).No. 99 of 2008 (J)

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PETITIONER(S):

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VIJAYANADHAN, PUTHEN BUNGLOW, PUTHENTHURA P.O., NEENDAKARA, KOLLAM DISTRICT.

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BY ADV. SRI.PRATHEESH.P

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RESPONDENT(S):

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1. TREESA ANTONY, MARIYALAYAM, NEENDAKARA P.O., KOLLAM.

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2. SPECIAL DEPUTY TAHSILDAR (RR)

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THE K.S.F.E. LTD., KOLLAM.

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3. THE PRINCIPAL OFFICER, DEPARTMENT OF AGRICULTURE, PRINCIPAL AGRICULTURAL OFFICER CIVIL STATION, KOLLAM.

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*ADDL.R4 THE SECRETARY, KOLLAM GOVERNMENT EMPLOYEES CO-OPERATIVE SOCIETY, NEAR CIVIL STATION, KOLLAM IS IMPLEADED AS PER ORDER DTD.17.1.2008 IN I.A NO.577/2008.

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R2 BY ADV. SRI.M.L.SAJEEVAN, SC, KSFE LTD. ADDL.R4 BY ADVS. SRI.R.S.KALKURA

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SRI.HARISH GOPINATH GOVERNMENT PLEADER SRI A.J JOSE AEDAIODI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.C.No.99 of 2008

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1 COPY OF THE PROHIBITORY ORDER ISSUED BY THE 2ND RESPONDENT DATED 20.6.2006.

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EXT.P2 TRUE COPY OF THE DEMAND NOTICE NO.AD(1)6258/06 FROM THE AGRICULTURAL OFFICE, KOLLAM DATED 10.12.2007.

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RESPONDENTS' EXHIBITS

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ANNEXURE A1: TRUE COPY OF THE LOAN APPLICATION

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ANNEXURE A2: TRUE COPY OF THE UNDERTAKING DATED 17.3.2001

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ANNEXURE A3: TRUE COPY OF THE LETTER DTD. 7.8.2007

//TRUE COPY//

P.A TO JUDGE

A.M. SHAFFIQUE, J.

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W.P.(c) No.99 of 2008

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Dated this the 3^rd day of December, 2012

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JUDGMENT

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The writ petition is filed, challenging the proceedings initiated by the special Deputy Tahsildar(R.R), KSFE Ltd., seeking to recover an amount of ` 71,213/-, from the DCRG benefits of the petitioner. Though, the petitioner had contended that DCRG benefits cannot be the subject matter of prohibitory order as seen from Ext.P1 when the matter has come up for hearing, learned counsel for the petitioner submits that the petitioner is willing to pay the amount if six months time is granted.

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Taking into consideration of the fact that the petitioner is a retired employee, and has expressed his intention to pay the amount, six months time is granted for the petitioner to pay any outstanding amount, in equal monthly installments.

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If any such payment is made, the DCRG benefits if any detained by the respondent may be disbursed to the petitioner.

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The writ petition is disposed accordingly.

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Sd/- A.M. SHAFFIQUE JUDGE

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// True Copy//

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P.A to Judge

N.Vijayandhan v. Treesa Antony and Others

Case brief

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N.Vijayandhan v. Treesa Antony and Others

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