Disposed

The Kasaragod Co-Operative Marketing v. T.K. Ambootty Nair

Kerala HC17 Nov 2022RP/441/2014

Case brief

AI extract

What is this about?

Single judge closed Review Petition without orders relying on subsequent Division Bench judgment in WA 2006/2016, deeming issues resolved. Separate order dismissed separate relief seeking waiver of refund obligation due to financial incapacity.

What did the court decide?

Review petition closed without orders; claim for waiver of refund due to financial inability dismissed.

The Kasaragod Co-Operative Marketing Vs T.K… — Pension and Retirement Benefits | Kerala HC (2022)

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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 DEVAN RAMACHANDRAN

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THURSDAY, THE 17^TH DAY OF NOVEMBER 2022 / 26TH KARTHIKA, 1944

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RP NO. 441 OF 2014

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(AGAINST THE JUDGMENT IN WPC 28287/2010 DATED 10.1.2013)

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REVIEW PETITIONER/1ST RESPONDENT IN WP(C)28287/2010:

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THE KASARAGOD CO-OPERATIVE MARKETING & PROCESSING SOCIETY LTD.NO.FF 104 SERVICE CO-OPERATIVE BANK LTD.NO.L.NO.527, REPRESENTED BY ITS SECRETARY, VIDYANAGAR, KASARAGOD DISTRICT.

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BY ADV SRI.P.P.JACOB

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RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3 IN WP(C)28287/2010:

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1 T.K. AMBOOTTY NAIR, RETIRED DEPOT MANAGER, KCMP SOCIETY, VIDYANAGAR, RESIDING AT VEETTIYADUKKAM, KANATHUR MULIYAR, KASARAGOD DISTRICT, PIN-670 123.

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2 THE KERALA STATE CO-OPERATIVE EMPLOYEES PENSION BOARD, T.C. NO.156/57, P.B.NO.85, AYURVEDA COLLEGE JUNCTION, THIRUVANANTHAPURAM, PIN-695 001, REPRESENTED BY ITS SECRETARY.

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3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G), KASARGOD, PIN-670 123.

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BY ADV.SRI.JAYAKUMAR NAMBOODIRI T.V. FOR R1 SRI.K.R.SUNIL, SC

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THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 17.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP NO.441/2014 in WPC 28287/2010

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-2-

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ORDER

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There can be no doubt that the issues now

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raised by the petitioner in this Review Petition have been answered and covered by the judgment of a learned Division Bench of this Court in W.A.No.2006/2016 - a copy of which has been produced on record as Annexure A1.

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In the afore circumstances, being guided by the said judgment, I close this Review Petition without any further orders.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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akv

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RP NO.441/2014 in WPC 28287/2010

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-3-

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To be spoken to on 22.11.2022

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This matter has been listed today at the request of Sri.P.P.Jacob - learned counsel for - the the Review Petitioner Society. He submitted that his client has no financial

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resources to honour the claim of the writ petitioner.

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I am afraid that this is not an issue that

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this Court can consider in this Review Petition and that the Society must invoke other remedies,

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if available to them, for such purpose.

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Sd/DEVAN RAMACHANDRAN JUDGE

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RP NO.441/2014 in WPC 28287/2010

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-4-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE I TRUE COPY OF THE MINUTES OF THE MEETING OF THE STAFF COUNCIL DATED 10.2.2001.

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ANNEXURE II TRUE COPY OF THE LETTER ISSUED TO THE PRESIDENT BY THE SECRETARY TO THE STAFF COUNCIL DATED 15.2.2001. ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED 16.11.2016 IN W.A.2006/2016.

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RESPONDENT'S/S EXHIBITS : NIL.

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//TRUE COPY// P.A. TO JUDGE

The Kasaragod Co-Operative Marketing v. T.K. Ambootty Nair

Case brief

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The Kasaragod Co-Operative Marketing v. T.K. Ambootty Nair

Case brief

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