Court closed writ petition challenging Tribunal order reinstating deceased respondent as irrelevant after death of 2nd respondent. Legal heirs rights left open.
Closed writ petition declaring challenge to impugned order irrelevant due to death of respondent.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 30TH DAY OF NOVEMBER 2022 / 9TH AGRAHAYANA,
1944
WP(C) NO. 9100 OF 2016
PETITIONER:
KERALA MALANAD KARSHAKA PRODUCE CO-OPERATIVE SOCIETY LTD. NO F 1777, REPRESENTED BY ITS SECRETARY, THIRUVAMABADY P.O, KOZHIKODE 673 603
BY ADV. SRI.T.R.HARIKUMAR
RESPONDENTS:
2 SHAJI SEBASTIAN S/O SEBASTIAN, CHETTANIYIL HOUSE, KOODAYIL BAZAR, THAMARASSERY,KOZHIKODE 673 603 3 PRASHANTH KUMAR P.N S/O NARAYANAN NAIR, RESIDING AT PUTHIYOTHIL HOUSE, THIRUVAMBADI PO, KOZHIKODE-673603. 4 ADDL.R4. NISHA ANOTNY, AGED 41 YEARS, W/O. LATE SHAJI SEBASTIAN, CHETTANIYIL HOUSE, KOODATHAYI BAZAR, KOZHIKODE-673603. 5 ADDL.R5. ANNA MARIA SHAJI (MINOR) AGED 17 YEARS, D/O.SHAJI SEBASTIAN, CHETTANIYIL HOUSE, KOODATHAYI BAZAR, KOZHIKODE - 673603, REPRESENTED BY HER MOTHER NISHA ANTONY . 6 ADDL.R6. LEENA MARIA SHAJI(MINOR) AGED 13 YEARS, D/O. SHAJI SEBASTIAN, CHETTANIYIL HOUSE, KOODATHAYI BAZAR, KOZHIKODE-673603. REPRESENTED BY HER MONTHER NISHA ANTONY.
WP(C)No.9100 of 2016
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BY ADVS. SRI.R.SUDHISH SRI.C.ANIL KUMAR SMT.M.MANJU SMT.ASHA K.SHENOY SRI.TENISON THOMAS SRI.T.C.KRISHNA SRI.GEORGE POONTHOTTAM (SR.) SMT.PREETHI RAMAKRISHNAN P-212 SRI.PRATAP ABRAHAM VARGHESE SRI.P.RAMAKRISHNAN SRI.P.C.SASIDHARAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.11.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C)No.9100 of 2016
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DEVAN RAMACHANDRAN, J. ========================= W.P.(C) No. 9100 of 2016
========================== Dated this the 30th November, 2022
JUDGMENT
This writ petition is filed by the “Kerala Malanad Karshaka Produce Co-operative Society Ltd.” ('Society', for short) impugning Ext.P6 order, whereby, 2nd respondent was directed to be reinstated in service, subject to the disciplinary enquiry pending against him. However, today, it is conceded by both sides that 2nd respondent died on 30.11.2021, and that his legal heirs have come on record.
In the afore circumstances, I close this writ petition, without
WP(C)No.9100 of 2016
any further orders, declaring that challenge to Ext.P6 has now become irrelevant, consequent to the death of the 2nd respondent. I, however, clarify that, I have not spoken about the rights of respondents 4 to 6 - who are the legal heirs of the deceased 2nd respondent - in any manner in this judgment, and therefore, that they are all left open, to be impelled and pursued by them in future, as they are advised.
Sd/DEVAN RAMACHANDRAN JUDGE
anm
WP(C)No.9100 of 2016
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APPENDIX OF WP(C) 9100/2016
| PETITION | ER EXHI | BITS |
|---|---|---|
| EXHIBIT | P1 | A TRUE COPY OF THE AWARD IN ARC NO. 169/2011 DATED 18-11-2014 |
| EXHIBIT | P2 | A TRUE COPY OF THE JUDGMENT IN APPEAL NO 95/2014 DATED 28-11-2015 |
| EXHIBIT | P3 | A TRUE COPY OF THE RESOLUTIONS DATED 09- 01-2016 ALONG WITH ENGLISH TRANSLATION |
| EXHIBIT | P4 | A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15-02-2016 ALONG WITH ENGLISH TRANSLATION |
| EXHIBIT | P5 | A TRUE COPY OF THE IA NO 3/2016 IN A.P NO 95/2014 DATED 12-01-2016 FILED BY THE PETITIONER ALONG WITH ENGLISH TRANSLATION |
| EXHIBIT | P6 | A TRUE COPY OF THE ORDER IN I.A NO 3/2016 IN A.P NO 95/2014 DATED 29-02-2016 |
| Exhibit | P7 | COPY OF THE LETTER OF THE WRIT PETITIONER SOCIETY TO THE PETITIONER / 2ND RESPONDENT DATED 08/01/2021. |
| Exhibit | P8 | COPY OF THE LETTER ISSUED BY THE PETITIONER / 2ND RESPONDENT BEFORE THE WRIT PETITIONER SOCIETY DATED 09/01/2021. |
| Exhibit | P9 | COPY OF THE LETTER ISSUED BY THE WRIT PETITIONER SOCIETY TO THE PETITIONER / 2ND RESPONDENT DATED 26/02/2021. |
| Exhibit | P10 | COPY OF THE LETTER ISSUED BY THE PETITIONER / 2ND RESPONDENT TO THE WRIT PETITIONER SOCIETY DATED 22/03/2021. |
KERALA MALANAD KARSHAKA PRODUCE CO-OPERATIVE SOCIETY LTD.
THE KERALA CO-OPERATIVE TRIBUNAL THIRUVANANTHAPURAM
SHAJI SEBASTIAN
PRASHANTH KUMAR P.N
NISHA ANTONY
ANNA MARIA SHAJI
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
