Allowed

Sudheesh P Kuriakose v. State of Kerala

Kerala HC3 Nov 2023WP(C)/3479/2021

Case brief

AI extract

What is this about?

The Court allowed this writ petition directing that the petitioner make a representation for the refund of his security deposit. The competent authority must consider it within one month and disburse the amount within four months if conditions are met.

What did the court decide?

Petitioner allowed liberty to seek refund via representation; Authority to decide within one month and disburse within four months.

Sudheesh P Kuriakose Vs State of Kerala — Kerala HC (2023) — LawSathi Research

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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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FRIDAY, THE 3RD DAY OF NOVEMBER 2023 / 12TH KARTHIKA, 1945

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WP(C) NO. 3479 OF 2021

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PETITIONER:

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SUDHEESH P KURIAKOSE, AGED 45 YEARS
S/O.KURIAKOSE,PALLIMALIL HOUSE, VADATTUPARA.P.O,
KOTHAMANGALAM.
BY ADVS.
ALEXANDER JOSEPH
SMT.TERESA C. JOSEPH
SMT.AKHILASREE BHASKARAN

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF
EXCISE, STATE SECRETARIAT,TRIVADRUM-695001.
 2 *KERALA TODDY WORKERS WELFARE FUND BOARD,
REPRESENTED BY ITS SECRETARY, ULLOOR,THIRUVANANTHAPURAM-
695011.* CORRECTED. THE WORD 'SECRETARY' IS CORRECTED AS
'THE CHIEF WELFARE FUND INSPECTOR' AS PER ORDER DATED
15.07.2021 IN IA 1/2021.
3THE CHIEF WELFARE FUND INSPECTOR,
KERALA TODDY WORKERS WELFARE FUND
BOARD,ULLOOR,THIRUVANANTHAPURAM-695011.
4THE DISTRICT WELFARE FUND INSPECTOR,
KERALA TODDY WORKERS WELFARE FUND BOARD,THODUPUZHA,
IDUKKI DISTRICT-685 584.
5THE DISTRICT WELFARE FUND INSPECTOR,
KERALA TODDY WORKERS WELFARE FUND BOARD,
ERNAKULAM,ERNAKULAM DISTRICT-682024.
6THE DEPUTY EXCISE COMMISSIONER,
ERNAKULAM-682018.
7THE TREASURY OFFICER,
ADDITIONAL SUB TREASURY,ERNAKULAM-682011.
BY SHRI.G.SANTHOSH KUMAR, SC, KTWWFB
G.SANTHOSH KUMAR (P).
SRI. P.S.APPU, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 3479 OF 2021

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JUDGMENT

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When this matter was called today, the

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learned counsel for the petitioner –
Sri.Alexander Joseph, submitted that, pending
this lis, all his client’s prayers, except No.1,

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has been acceded to by the competent
Authorities. He added that all which now remains
is the return of the Security Deposit covered by
Ext.P1, to his client by the State of Kerala;
and prayed that they be directed to do so,
within a time frame to be fixed by this Court.

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2.Sri.P.S.Appu – learned Government

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Pleader, in response, submitted that since the
deposits claimed by the petitioner is of the
year 2016, it will require an evaluation as to
whether it is still payable to him. He submitted
that, therefore, if this Court is so inclined,

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the competent Authorities of the Government of

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WP(C) NO. 3479 OF 2021

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Kerala can consider the petitioner’s claim, if

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he is to make a representation before it for
such purpose.

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3. The Government Pleader then added that,

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as evident from the counter affidavit filed on

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behalf of the State, there are certain
conditions imposed for release of the Security
Deposit and that it is only if the petitioner is
able to satisfy that they have been complied

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with, can it be done. He submitted that,
therefore, if he is to make a representation, he
may be also directed to mention compliance of
the conditions so imposed.

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In the afore circumstances, I allow this
writ petition, leaving liberty to the petitioner
to prefer an appropriate request for refund of
the Security Deposit - offered by him towards
Toddy Shop Nos.39, 40, 41, 42 and 43 of Group

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WP(C) NO. 3479 OF 2021

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¶31

No.VIII of Kothamanagalam Excise Range; and if
this is done within a period of one month from
the date of receipt of a copy of this judgment,
same shall be considered by the competent
Authority of the 1st respondent; thus culminating
in an appropriate order and necessary action
thereon – including disbursement of eligible
amounts - as expeditiously as is possible but
not later than four months from the date of
receipt of a copy of this judgment.

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 Sd/-

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DEVAN RAMACHANDRAN

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JUDGE

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SAS

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WP(C) NO. 3479 OF 2021

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APPENDIX OF WP(C) 3479/2021

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PETITIONER’S EXHIBITS:

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EXHIBIT P1TRUE COPY OF THE CHALAN RECEIPT DATED
12.02.2016 ISSUED BY THE 7TH RESPONDENT
EXHIBIT P2TRUE COPY OF THE ORDER
NO.B3/KOTHAMANGALAM/GROUP VIII/39-43/2018-19
DATED 11/11/19 OF THE 4TH RESPONDENT
EXHIBIT P3TRUE COPY OF THE ORDER
NO.B3/KOTHAMANGALAM/GROUP VIII/39-43/2019-20
DATED 19.08.2020 OF THE 4TH RESPONDENT
EXHIBIT P4TRUE COPY OF THE CHELAN RECEIPT DATED
08.03.2017 ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P5TRUE COPY OF THE ORDER DATED 19/08/2019 OF THE
2ND RESPONDENT.
EXHIBIT P6TRUE COPY OF THE APPLICATION DATED 05.10.2020
OF THE PETITIONER TO THE 4TH RESPONDENT
EXHIBIT P7TRUE COPY OF THE APPLICATION DATED 30.10.2020
OF THE PETITIONER TO THE 6TH RESPONDENT
EXHIBIT P8TRUE COPY OF THE CERTIFICATE DATED 28/10/2020
ISSUED BY 4TH RESPONDENT.
EXHIBIT P9TRUE COPY OF THE LETTER NO.E 9831/2020 DATED
19.01.2021 OF THE 6TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P10TRUE COPY OF THE ORDER DATED 17.4.2021 OF THE
4TH RESPONDENT

Sudheesh P Kuriakose v. State of Kerala

Case brief

What is this about?

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Sudheesh P Kuriakose v. State of Kerala

Case brief

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