Petitioner working as night watchman in cooperative bank filed writ seeking mandamus to continue service. Writ petition dismissed as withdrawn without prejudice to petitioner's right to approach appropriate forum.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
WEDNESDAY, THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940
WP(C).No. 27185 of 2018
PETITIONER:
AJITH KUMAR J., AGED 38 YEARS, S/O. JANARDHANAN, KAIPPALLIL PADITTETHIL, VALIYAKUZHY MUTTOM P.O, HARIPAD,PIN-690511.
BY ADVS. SRI.B.RENJITHKUMAR SRI.T.PRADEEP KUMAR
RESPONDENTS:
BY ADV. P.N.MOHANAN SRI. K.P.HARISH, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 27185 OF 2018 2
JUDGMENT
The petitioner, who was working as Nigh Watchman in the 4th respondent Bank, which is a Society registered under the Kerala Cooperative Societies Act and the Rules made thereunder has filed this writ petitioner under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2nd respondent Joint Registrar to consider Ext.P1 representation dated 10.02.2017; and a writ of mandamus commanding respondents 2 and 4 to allow him to continue in service as Night Watchman.
WPC 27185 OF 2018 3
discontinued since 30.10.2011. Serious allegations against the petitioner are also stated in the counter affidavit filed by the 4th respondent. The petitioner has also filed reply affidavit dated 03.12.2018.
(1) KHC 258 (SC)] .
It is made clear that this Court has not expressed anything as
to the merits of the rival contentions and it is for both sides to raise such factual and legal contentions before the appropriate forum.
Sd/-
ANIL K. NARENDRAN JUDGE
yd
4
WPC 27185 OF 2018
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REQUEST DATED 10.2.2017 SUBMITTED TO THE 4TH RESPONDENT BY THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE INTIMATION DATED 28.4.2017 INFORMED BY THE 3RD RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 21.7.2017 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 2.7.2018 SUBMITTED BY THE PETITIONER.
4TH RESPONDENT'S EXHIBITS:
EXHIBIT R4(A) A TRUE COPY OF THE COMPLAINT DATED 16.02.2017 FILED BY THE FOURTH RESPONDENT BEFORE THE SUB INSPECTOR OF POLICE, KAREELAKULANGARA.
TRUE COPY
P.A. TO JUDGE
1 issue framed by the court
Whether to allow petitioner statutory remedy under Annamma case holding in writ petition for continuation of service.
Colour shows how this judgement treated each authority
Annamma K.A. v. Secretary, Cochin Co-operative Hospital Society Ltd.Referred¶24
Annamma K.A. v. Secretary, Cochin Co-operative Hospital Society Ltd. [2018 (I) KHC 258 (SC) (SC Mathew J.) 2018 SCC OnLine SC 2004]
2 provisions across 2 enactments
Ajith Kumar J.
State of Kerala, rep. by its Secretary, Department of Cooperative Society
The Joint Registrar of Co-operative Societies (General), Alappuzha
The Assistant Registrar of Co-operative Societies (General), Department of Cooperative Societies
The Valiyakuzhy Co-operative Bank Ltd.
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
