Disposed

Sreedharan P.K. v. State of Kerala

Kerala HC15 Feb 2021WP(C)/19730/2020

Case brief

AI extract

What is this about?

A Senior Citizen Advocate sought benefits under the Kerala Advocates' Welfare Fund without insisting cessation of practice and challenged Section 16. The court directed the 2nd respondent to consider the petitioner's representation within one month and disposed of the writ petition accordingly.

What did the court decide?

The 2nd respondent is directed to consider Ext.P4 representation and pass orders thereon within one month.

Sreedharan P.K. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE N.NAGARESH

¶4

MONDAY, THE 15TH DAY OF FEBRUARY 2021/26TH MAGHA,1942

¶5

WP(C).No.19730 OF 2020(M)

¶6

PETITIONER:

¶7

SREEDHARAN P.K., AGED 73 YEARS, S/O. LATE KUTTAN, PARATHODU HOUSE, KUNNATHOORMEDU P.O., PALAKKAD DISTRICT-678 013.

¶8

BY ADV. SRI.ARUN MATHEW VADAKKAN

¶9

RESPONDENTS:

¶10

1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, TRIVANDRUM-695 001.

¶11

2 THE KERALA ADVOCATES' WELFARE FUND TRUSTEE COMMITTEE, REPRESENTED BY ITS SECRETARY, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM DISTRICT-682 031.

¶12

3 THE BAR COUNCIL OF KERALA, REPRESENTED BY ITS CHAIRMAN, BAR COUNCIL BHAVAN, HIGH COURT CAMPUS, ERNAKULAM DISTRICT-682 031.

¶13

R1 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN R2 BY ADV. SRI.T.A.SHAJI (SR.) R2 BY ADV. SRI.ATHUL SHAJI R3 BY ADV. SRI.GRASHIOUS KURIAKOSE (SR.) R3 BY ADV. SRI.PRANOY K.KOTTARAM

¶14

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.19730/2020

JUDGMENT

Dated this the 15^th day of February, 2021

¶19

This is an application filed by an Advocate who is also a Senior Citizen of Palakkad District, seeking to direct the 2^nd respondent-Kerala Advocates' Welfare Fund Trustee Committee to give eligible benefits to the petitioner under the Welfare Fund without insisting cessation of practice. The petitioner has also sought to declare that Section 16 of the Kerala Advocates Welfare Fund Act is violative of Article 14 and 19(1)g of the Constitution of India and the Provisions of the Advocates Act.

¶20

When this writ petition came up for hearing today, the learned counsel for the petitioner submitted that the petitioner has preferred Ext.P4 representation before the 2^nd respondent seeking to allow the petitioner to withdraw the entire amount due under the Welfare Fund without cancelling his enrolment/registration and the petitioner will

¶21

WP(C)No.19730/2020

¶22

¶23

be satisfied if the 2^nd respondent considers the

¶24

representation and pass orders thereon.

¶25

In the circumstances, the 2^nd respondent is directed to consider Ext.P4 representation and pass orders thereon within a period of one month.

¶26

The writ petition is disposed of with the said direction.

¶27

Sd/- N. NAGARESH JUDGE

ncd/15.02.2021

APPENDIX

PETITIONER'S EXHIBITS:

¶33

EXHIBIT P1 TRUE COPY OF THE ENROLMENT CERTIFICATE DATED 24.01.1976 OF THE PETITIONER. EXHIBIT P2 TRUE COPY OF THE MEMBERSHIP CERTIFICATE DATED 11.07.1981 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE RECEIPT ISSUED BY THE 2ND RESPONDENT THE KERALA ADVOCATE WELFARE FUND TRUST COMMITTEE. EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 19.08.2019 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT .

¶34

RESPONDENTS' EXHIBITS

¶35

ANNEXURE R3(a) A TRUE COPY OF THE JUDGMENT DATED 7TH APRIL, 2015 IN WA 1008/2013

Sreedharan P.K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sreedharan P.K. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

I. Unnikrishnan Vs Union of India

Mr. G. Anoop Vs Union of India

Pushpalatha S. Jain Vs Bajaj Allianz General Insurance Company Ltd.

P.Jayagovind Vs Bijoy Prabhakaran Pulipra(Resolution Professional)

A.K.Anjana Vs Smt.Saudamini

School Management Committee (Cmc) Vs State of Kerala