IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1354 of 2010(T)
1. RAJESHKUMAR, CHAKKALAYIL VEEDU,
... Petitioner
Vs
1. THE PRESIDENT, MANNAR PANCHAYATH
... Respondent
For Petitioner :SRI.P.B.SAHASRANAMAN
For Respondent :SRI.N.ASHOK KUMAR
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :12/03/2010
O R D E R
K. SURENDRA MOHAN, J.
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W.P(C) NO: 1354 OF 2010
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Dated this the 12th March, 2010.
JUDGMENT
The petitioner was the Secretary of the respondent Society.
He was dismissed from service on the allegation that he had
misappropriated certain amounts. He had not challenged the order
of dismissal passed against him. The society had filed A.C.No:
143/2009 before the Administrator for realizing certain amounts
that were allegedly due to the society from the petitioner. The
petition which is Ext.P2 was allowed by Ext.P4 award. Though
Ext.P4 was challenged in revision, the same was confirmed as per
Ext.P6. The petitioner is now willing to pay the amounts that are
found due from him as per Ext.P4. He only prays for the grant of a
facility to pay the same in ten instalments. The petitioner also
claims that amounts are due to him by way of deposits he had
made with the society. According to the petitioner the amounts so
remaining in deposit is Rs.5,000/-. However, according to the
society the amount is only Rs.2,000/-. However, the bank is willing
to adjust whatever amount that may be found to be due to the
petitioner on his producing the receipt for such deposit. The
petitioner agrees to produce such receipt before the respondent.
WPC 1354/2010 2
The respondent has no objection to the petitioner being allowed to
pay the amounts due in ten equal monthly instalments.
2. In the above circumstances this writ petition is disposed of
directing the petitioner to pay the entire amount that is due and
payable by him as per Ext.P4 award in ten equal monthly
instalments. The first instalment shall be paid on the first of May
and the subsequent instalments on the first of the succeeding
months thereafter. The bank would be at liberty to proceed
against the petitioner for recovery of the amounts due in
accordance with law in the event of there being default of two
consecutive instalments. The respondent society shall adjust any
amount that is found due and payable to the petitioner on his
producing proper deposit receipts to evidence the deposit of any
such amount.
K. SURENDRA MOHAN
Judge
jj
WPC 1354/2010 3
K.K.DENESAN & V. RAMKUMAR, JJ.
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M.F.A.NO:
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JUDGMENT
Dated: