Dismissed

Chackochan v.a., v. the Joint Registrar of Co-Operative Societies

Kerala HC7 Nov 2022WP(C)/16406/2022

Case brief

AI extract

What is this about?

It was held that a cooperative society cannot wait for amounts received from LIC under a Group Gratuity Scheme. The court closed the writ petition as the petitioner was already paid, leaving liberty to the society to challenge any future audit objections.

What did the court decide?

Writ petition closed; liberty granted to society to invoke remedy against future objections.

Chackochan v.a., Vs the Joint Registrar of… — 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 MONDAY, THE 7^TH DAY OF NOVEMBER 2022 / 16TH KARTHIKA,

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1944

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WP(C) NO. 16406 OF 2022 (A)

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PETITIONER:

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CHACKOCHAN V.A., AGED 58 YEARS S/O. V.C. ABRAHAM, RETIRED BRANCH MANAGER, ARPOOKARA SERVICE CO-OPERATIVE BANK LTD. NO. 1931, VILLOONNI P.O., ARPOOKARA, KOTTAYAM DISTRICT 686 008, RESIDING AT VELUTHEDATHU PARAMPIL, VILLOONNI P.O., ARPOOKARA, KOTTAYAM, DISTRICT 686 008.

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BY ADV S.JAYAKRISHNAN

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RESPONDENTS:

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1 THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES, KOTTAYAM,PIN - 686 002.

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2 ARPOOKARA SERVICE CO - OPERATIVE BANK LTD, NO. 1931, REPRESENTED BY ITS SECRETARY, VILLOOONNI P.O., ARPOOKARA, KOTTAYAM DISTRICT 686 008.

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3 LIFE INSURANCE CORPORATION OF INDIA LTD, (LIC), REPRESENTED BY ITS MANAGER ( P & GS) UNIT (G-603), LIFE INSURANCE CORPORATION OF INDIA LTD, JEEVAN JYOTHI, II FLOOR, STAR JUNCTION, KOTTAYAM, 686 001.

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BY ADV PRAMOD KUMAR

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SRI.JOSHY THANNICKKAMATTAM-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P (C) No. 16406 of 2022

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DEVAN RAMACHANDRAN, J. ------------------------------------------W.P (C) No. 16406 of 2022 ---------------------------------------------- Dated this the 07^th day of November, 2022

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JUDGMENT

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When this matter was called today, the petitioner conceded that the 2^nd respondent Society has already paid an amount of Rs.3,06,045/- to him, being the balance amount that they have received from the 3^rd respondent - Life Insurance Corporation of India, under the Group Gratuity Scheme on his account.

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Sri.S.Jayakrishnan – learned counsel for the petitioner, however, submitted that he has been reliably informed that certain audit objections have been raised against the Society for the afore action and asserted that this is improper because the payment was only as per the repeated declarations of this Court in various judgments, which hold the field.

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I must say that, law in this regard has already been well settled that Society cannot wait any amounts, which were received by them from the LIC under the Group Gratuity Scheme. This covered by various

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W.P (C) No. 16406 of 2022

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judgments, including Chandrasekharan Nair G & others v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. And others [2017 (4) KLT 276] and Jayarajan V.T and others v. Kozhikode District Cooperative Bank & Others [2019(3) KHC 239]; and hence, I fail to understand why any action should be taken against them for having complied with such judicial proceedings.

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In the above circumstances, recording the afore submissions, I close this Writ Petition, leaving liberty to the Society to invoke any remedy against the objection that may be raised in future, merely because they have paid the afore amounts to the petitioner.

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Sd/-DEVAN RAMACHANDRAN, JUDGE

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lsn

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W.P (C) No. 16406 of 2022

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APPENDIX OF WP(C) 16406/2022

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF COMMUNICATION DATED 24.06.2021 ISSUED BY THE MANAGER (P & GS) L.I.C KOTTAYAM TO THE 2ND RESPONDENT. Exhibit P2 TRUE COPY OF JUDGEMENT DATED 02.04.2019 IN WPC NO. 17465/2018 OF THIS HON'BLE COURT.

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RESPONDENT EXHIBITS

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Exhibit R3(a) TRUE COPY OF THE CLAIM FORM OF THE 2ND RESPONDENT DATED 07.06.2021. Exhibit R3(b) TRUE COPY OF THE PAYMENT INTIMATION LETTER DATED 24.06.2021 SENT BY THE 3RD PETITIONER.

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TRUE COPY

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P.ATO JUDGE

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LSN

Chackochan v.a., v. the Joint Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

Chackochan v.a., v. the Joint Registrar of Co-Operative Societies

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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