Allowed

Manju M., v. the Chief Engineer, H.R.M.

Kerala HC2 Aug 2019OP(Crl.)/347/2019

Case brief

AI extract

What is this about?

Single judge A.P. allowed an Original Petition under Article 227 directed the Sessions Court to promptly address maintainability and dispose of the revision within three months, and left the production of accounts to be decided by the revisional court upon request.

What did the court decide?

Directed Sessions Court to hear maintainability and dispose within three months; directed Sessions Court to consider request for production of accounts upon showing by petitioners.

Manju M., Vs the Chief Engineer, H.R.M. — Pension and Retirement Benefits | Kerala HC (2019)

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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 ALEXANDER THOMAS

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FRIDAY, THE 02ND DAY OF AUGUST 2019 / 11TH SRAVANA, 1941

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OP(Crl.).No.347 of 2019

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CRL.RP 14/2019 of ADDITIONAL SESSIONS COURT - IV, THIRUVANANTHAPURAM

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MC 121/2011 of JUDICIAL MAGISTRATE OF FIRST CLASS -II,THIRUVANANTHAPURAM

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PETITIONERS:

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1 MANJU M., AGED 45 YEARS THRIVENI, VALIYA VEEDU LINE, MANACADU, KAMALESWARAM, THIRUVANANTHAPURAM - 695 009.

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2 AMITH M.S.,AGED 1 YEARS (MINOR REPRESENTED BY MOTHER, THE 1ST PETITIONER), S/O.SURESH KUMAR, THRIVENI, VALIYA VEEDU LINE, MANACADU, KAMALESWARAM, THIRUVANANTHAPURAM - 695 009.

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BY ADV. SRI.T.K.AJAN

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RESPONDENTS:

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1 THE CHIEF ENGINEER, H.R.M., VAIDHYUTHI BHAVAN, KSEB, PATTOM, THIRUVANANTHAPURAM - 695 004.

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2 THE ACCOUNTS OFFICER,G.P.F.SECTION, VAIDHYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM - 695 004.

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3 THE STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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4 SURESH KUMAR S.,T.C.41/720, PARAMESWARAN BHAVAN, KURYATHI, THIRUVANANTHAPURAM, PIN - 695 004.

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OTHER PRESENT:

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SRI.A.ARUNKUMAR,SC FOR R1 AND R2, SRI.JAYASURYA.B, PUBLIC PROSECUTOR FOR R3

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02.08.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(Crl)No.347/2019

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ALEXANDER THOMAS, J.

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O.P.(Crl)No. 347 of 2019

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Dated this the 2^nd day of August, 2019

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JUDGMENT

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The prayers in the above Original Petition (Criminal) filed under

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Article 227 of the Constitution of India are as follows:

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“i) To pass an order directing the Hon'ble Sessions Court IV, Thiruvananthapuram to give an opportunity to the petitioners to hear the maintainability of the Crl.R.P.No.14/2019 and take decision finally within a stipulated time as may be fixed by this Hon'ble Court.

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ii) To issue an order directing the 2^nd respondent to produce a statement of accounts till date of the G.P.F amount of the 4^th respondent in M.C. No.121/2011 of JFMC-II, Thiruvananthapuram after serving a copy to the petitioners.”

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Heard Sri.T.K. Ajan, learned counsel appearing for the

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petitioners, Sri.A. Arunkumar, learned Standing Counsel for K.S.E.B appearing for R1 and R2 and Sri. B. Jayasurya, learned Public Prosecutor appearing for R3 State of Kerala. In the nature of the orders proposed to be passed in this petition, notice to contesting respondent No.4 will stand dispensed with.

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Having regard to the nature of the prayer this Court had directed the Registry to get information from the Sessions Court, Thiruvananthapuram, who is dealing with the instant Crl.R.P.No.14/2019 about the pendency of the matter and about the time frame required for the disposal of the said revision. The Registry has now been informed that no judicial officer is now regularly manning the

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O.P.(Crl)No.347/2019

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post of Additional Sessions Judge-IV, Thiruvananthapuram, for the last five months and that as and when the new Judge takes regular charge of the said Court, efforts would be taken to dispose of the same without much delay preferably within one month or so.

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Taking note of the above said facts and circumstances of the case, it is ordered in the interest of justice that the Sessions Court No.IV, Thiruvananthapurm, who is dealing with Crl.R.P.No.14/2019 will take up the matter without much delay and should also hear the petitioners herein and the respondents herein on the issue of maintainability raised by them as preliminary issue and will also deal with other issues and then may take steps to final disposal of the said revision without much delay, preferably within a period of three months from the date of production of a certified copy of this judgment. It is made clear that if no judicial officer is posted to take regular charge of this Court within 2 months, then the Judge-in-Charge of the said Court should dispose of the above said revision as directed hereinabove, within 3 months therefrom. As regards prayer No.2 in the above O.P., it is open to the petitioners herein to make request in that regard for production of the statement of accounts before the revisional Sessions Court concerned, upon which the said Court will consider the said request and pass necessary orders, after hearing the petitioners and respondents 1 and 2.

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With these observations and directions, the above O.P.(Crl) will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

acd

O.P.(Crl)No.347/2019

APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 ORDER IN C.M.P.NO.176/2018 OF M.C.121/2011 OF JFMC-II, THIRUVANANTHAPURAM DTD. 31/12/2018. EXHIBIT P2 COPY OF C.M.P.NO.1094/2019 FILED U/R 8 OF CONTEMPT OF COURT ACT IN M.C.NO.121/2011 AGAINST THE VIOLATION OF ORDER 176/2018 DATED 31/12/2018 OF JFMC-II, THIRUVANANTHAPURAM. EXHIBIT P3 TRUE COPY OF THE CRL. REVISION PETITION NO.14/19 FILED BY RESPONDENTS 1 AND 2 BEFORE SESSIONS COURT-IV, 30/03/2019 CHALLENGING THE INTERIM ORDER IN CMP NO.176/2018. EXHIBIT P4 TRUE COPY OF THE STAY PETITION FILED BY THE RESPONDENT 1 AND 2 IN CRL.REVISION PETITION NO.14/2019 BEFORE SESSIONS COURT, THIRUVANANTHAPURAM. EXHIBIT P5 TRUE COPY OF THE OBJECTION FILED BY PETITIONERS 1 AND 2 BEFORE SESSIONS COURT-IV, THIRUVANANTHAPURAM IN CRL.REVISION PETITION NO.14/19 DTD.20/04/2019. EXHIBIT P6 TRUE COPY OF THE OBJECTION FOR STAY FILED BY PETITIONERS 1 AND 2 IN CRL.REVISION PETITION NO.14/19 DTD. 20/04/2019. EXHIBIT P7 TRUE COPY OF THE OBJECTION FILED BY RESPONDENTS 1 AND 2 BEFORE JFMC-II IN CMP NO.176/18 WHICH WAS ALSO MARKED AS AN EXHIBIT IN CRL.OP.NO.368/18 DATED 26/06/2018. True copy

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P.S. To Judge.

Manju M., v. the Chief Engineer, H.R.M.

Case brief

What is this about?

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Manju M., v. the Chief Engineer, H.R.M.

Case brief

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What did the court decide?

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