Viswanatha Mallan v. Registrar of Co-Operative Societies

Kerala HC19 Feb 2018WP(C)/5478/2018

Case brief

AI extract

What is this about?

A retired banking employee filed a writ petition seeking mandamus for immediate disbursement of pensionary benefits and an order to consider a pending representation. The Court directed the second respondent to process the representation within one month and afford the petitioner an opportunity to be heard, without deciding the merits of the pension claim.

What did the court decide?

The respondent-2 is directed to consider the representation dated 21.10.2017 and pass appropriate orders thereon, strictly in accordance with law, within one month from the date of production of a cer

Viswanatha Mallan Vs Registrar of… — Pension and Retirement Benefits | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

¶4

MONDAY, THE 19TH DAY OF FEBRUARY 2018 / 30TH MAGHA, 1939

¶5

WP(C).No. 5478 of 2018

¶6

PETITIONER:

¶7

VISWANATHA MALLAN,

¶8

S/O. LATE SREEDHARAN MALLAN,57/B, KUNDELATTU HOUSE, S.L.PURAM P.O., CHERATHALA, ALAPUZHA DISTRICT.

¶9

BY ADV.SRI.N.SASI

¶10

RESPONDENT:

¶11

1. REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIEITES, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD P.O., THIRUVANANTHAPURAM-PIN 695 014.

¶12

2. KERALA STATE CO-OPERATIVE BANK LTD., REPRESENTED BY ITS MANAGING DIRECTOR, HEARD OFFICE, CO BANK TOWER, P.B.NO.6515, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM 695 001

¶13

R1 BY SENIOR GOVERNMENT PLEADER SMT. C.S.SHEEJA R2 BY SRI.GILBERT GEORGE CORREYA, SC

¶14

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

PBS

¶16

WP(C).No. 5478 of 2018 (H)

¶17

APPENDIX

¶18

PETITIONER(S)' EXHIBITS

¶19

EXHIBIT P-1	TRUE COPY OF THE APPOINTMENT ORDER DATED 17/06/1985
EXHIBIT P-2	TRUE COPY OF THE REPRESENTATION DATED 21/10/2017 ISSUED BY THE PETITIONER TO THE RESPONDENTS
EXHIBIT P-3	TRUE COPY OF THE ACKNOWLEDGEMENT CARD DATED 23/10/2017
EXHIBIT P-4	TRUE COPY OF THE TREATMENT RECORDS OF PETITIONER ISSUED BY AMRITHA HOSPITAL
RESPONDENT'S	EXIBITS NIL

/TRUE COPY/

PA TO JUDGE

PBS

ANIL K.NARENDRAN, J.

¶24

----------------------------------------------- W.P.(C)No.5478 of 2018 -----------------------------------------------

¶25

Dated this the 19^th day of February, 2018

¶26

J U D G M E N T

¶27

The petitioner, who retired from service on superannuation on 30.4.2017 while working as Senior Manager in the 2^nd respondent Bank, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to disburse his pensionary benefits, as expeditiously as possible, at any rate within a period of one month. The petitioner has also sought for a writ of mandamus commanding the 2^nd respondent to consider and pass appropriate orders on Ext.P2 representation dated 21.10.2017 made by the petitioner within a specified time.

¶28

Heard the learned counsel for the petitioner, the learned Senior Government Pleader appearing for the 1^st respondent and also the learned Standing Counsel for Kerala State Co-operative Bank representing the 2^nd respondent.

¶29

The learned counsel for the petitioner would submit that highlighting the grievance, the petitioner has already made

¶30

W.P.(C)No.5478 of 2018

¶31

:-2-:

¶32

Ext.P2 representation before the 2^nd respondent, which is pending consideration.

¶33

The learned Standing Counsel for the 2^nd respondent would submit that the 2^nd respondent shall consider the said representation and pass appropriate orders thereon, within a time limit to be fixed by this Court.

¶34

In such circumstances, without expressing anything on the merits of the claim made by the petitioner in Ext.P2, this writ petition is disposed of by directing the 2^nd respondent to consider and pass appropriate orders on the said representation, strictly in accordance with law, as expeditiously as possible, at any rate within a period of one month from the date of production of a certified copy of this judgment, with notice to the petitioner and after affording him an opportunity of being heard.

Sd/-

ANIL K.NARENDRAN

JUDGE

ami/19.2.18

//True copy//

P.A.to Judge

Viswanatha Mallan v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Viswanatha Mallan v. Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

D. Ramachandran Pillai Vs Oriental Insurance Company Ltd.

Ramakrishnan Vs State of Kerala

Sahadevan Vs Ponnani Shakarana Karshika Grama Vikasana Bank

K.M. Sebastian Vs the Manager

Nishanth.v.v Vs the Chief Recovery Officer

Mujeeb Rehman v P Vs Nilambur Co-Operative Agricultural Rural Development Bank