Disposed

M Yohannan v. State of Kerala

Kerala HC1 Nov 2013OP/37302/2002

Case brief

AI extract

What is this about?

The High Court disposed of an original petition challenging office orders, directly receiving instruction from a prior writ petition (WP(C) No.29749/2003) which ordered the corporation to reconsider the matter after hearing the affected parties.

What did the court decide?

The petitioner was directed to be given an opportunity of being heard, after which the respondent Corporation was to reconsider the issue.

M Yohannan Vs State of Kerala — Service and Employment | Kerala HC (2013)

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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.V.RAMAKRISHNA PILLAI

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FRIDAY, THE 1ST DAY OF NOVEMBER 2013/10TH KARTHIKA, 1935

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OP.No. 37302 of 2002 (N)

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PETITIONER :

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YOHANNAN M., DWE-DALE, ARUMURIKKADA, KUNDARA EAST P.O. KOLLAM (GRADE-II, ASST., K.S.B.C. WARE HOUSE, KARIKKODE), KOLLAM.

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BY ADV. SRI. P. GOPALAKRISHNAN NAIR

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RESPONDENT(S) :

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1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT THIRUVANANTHAPURAM.

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2. THE MANAGING DIRECTOR, K.S.B. (M & M) CORPORATION LTD., SASTHAMANGALAM THIRUVANANTHAPURAM.

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3. THE MANAGER, KERALA STATE BEVERAGES (M & M) CORPORATION LTD., WARE HOUSE, KARIKKODE, KOLLAM.

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4. INSPECTOR GENERAL OF REGISTRATION, DEPARTMENT OF REGISTRATION, I.G.OFFICE, VANCHIYOOR THIRUVANANTHAPURAM.

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R2 & R3 BY ADVS. SRI.C.S.AJITH PRAKASH,SC, BEVERAGES CORPORATION SRI.ELVIN PETER P.J., SC

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THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 01-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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OP.No. 37302 of 2002 (N)

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APPENDIX

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PETITIONER'S EXHIBITS :

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EXT.P1	: COPY OF THE INTERNAL MEMO ISSUED FROM THE 3RD RESPONDENT TO THE PETITIONER DATED 2.5.2002.
EXT.P2	COPY OF THE OFFICE ORDER NO. KSBC/KLM/OFFICE ORDER/01/2002-03 DATED 10-5-2002.
EXT.P3	COPY OF THE EXPLANATION FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 17.5.2002.
EXT.P4	COPY OF THE ORDER NO. AE3/6209/02 DATED 29-6-2002.
EXT.P5	COPY OF THE OFFICE ORDER NO. AE3/6209/02 DATED 1.7.2002.
EXT.P6	COPY OF THE NOTICE NO. KSBC/IA/42/2002-03 DATED 8.7.02 FOR FIXATION OF LIABILITY OF FLI SLOP NO. 42, PUNALUR.
EXT.P7	COPY OF THE EXPLANATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 12.7.2002.
EXT.P8	COPY OF THE RELIEVING ORDER DATED 25.7.2002.
EXT.P9	COPY OF THE BOND DATED 25.7.02 FROM THE PETITIONER.
EXT.P10	COPY OF THE ORDER NO. E4-15483/01/REG. THIRUVANANTHAPURAM DATED 31.7.02.
EXT.P11	COPY OF THE REPLY FROM THE PETITIONER TO THE 4TH RESPONDENT ON 7.8.2002.
EXT.P12	COPY OF THE ORDER NO. ADMN/ASI/9390/02/KSBC DATED 28.9.2002.
EXT.P13	COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1.11.2002.

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(Contd...)

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OP.No. 37302 of 2002 (N)

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RESPONDENT'S ANNEXURES :

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ANNEXURE R2(1) : PHOTOCOPY OF CIRCULAR NO. KSBC/SEC/080/2001-2002/10 DATED 20.4.2001, REFERRED TO IN THE STATEMENT.

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ANNEXURE R2(2) : PHOTOCOPY OF UNDERTAKING SUBMITTED BY THE PETITIONER BEFORE 2ND RESPONDENT DATED 25.7.2002.

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//TRUE COPY//

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P.A. TO JUDGE Mn

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A.V. RAMAKRISHNA PILLAI, J.

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O.P. No. 37302 of 2002

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Dated this the 1^st day of November, 2013

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J U D G M E N T

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The petitioner was the Shop in Charge of FL-I Shop No.238 at Kottiyam, Kollam. In this original petition, he is challenging Exts.P1 and P12.

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A similar petition arising out of the same cause of action, which was filed by one Rajasekharan Pillai as WP(C) No.29749/2003, was disposed of by this Court directing the respondent Corporation to reconsider the issue after affording the petitioner therein and affected parties an opportunity of being heard. The present petitioner is the 4^th respondent in the aforesaid writ petition.

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In the light of the direction contained in the judgment dated 01.11.2013 in WP(C) No.29749/2003, this original petition is also disposed of as above.

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Sd/- A.V. RAMAKRISHNA PILLAI, JUDGE

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bka/-

M Yohannan v. State of Kerala

Case brief

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M Yohannan v. State of Kerala

Case brief

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