High Court Kerala High Court

Secretary vs District Collector on 13 July, 2010

Kerala High Court
Secretary vs District Collector on 13 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9609 of 2010(A)


1. SECRETARY,IVERKALA SERVICE CO-OPERATIVE
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR,KOLLAM.
                       ...       Respondent

2. DEPUTY LABOUR COMMISSIONER,KERALA

3. JOINT REGISTRAR OF CO-OPERATIVE

4. VILLAGE OFFICER,KUNNATHOOR,KUNNATHOOR.PO

5. MRS.SHYNI.K.R,W/O.P.PRASAD,KUTTIYIL

                For Petitioner  :SRI.SOORANAD S.SREEKUMAR

                For Respondent  :SRI.GOPAKUMAR R.THALIYAL

The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :13/07/2010

 O R D E R
                P.R.RAMACHANDRA MENON, J.
               ---------------------------------------------
                    W.P.(C). NO.9609 OF 2010
               ----------------------------------------------
              Dated this the 13th day of July, 2010.

                              JUDGMENT

The petitioner is challenging the coercive steps against the

petitioner-Society, whereby the subsistence allowance ordered

to be paid to the 5th respondent is sought to be realised. A

review petition is stated as preferred by the petitioner before the

2nd respondent. The learned counsel of the petitioner submits

that the 5th respondent is not entitled to get any benefit as her

posting itself was wrong and illegal and that she was given

appointment by none other than her husband who was the

President and Secretary in Charge of the Society at the relevant

point of time. It is also stated that since the appointment is

wrong and illegal, the same was put an end to, which made the

5th respondent to file a petition seeking for subsistence

allowance, which was allowed without giving an opportunity to

the petitioner to contest the matter on merits. This necessitated

to file a review petition through the lawyer of the petitioner on

7.2.2010 and the learned counsel submits that said proceeding

is still pending which is sought to be finalized without any further

W.P.(C). NO.9609 OF 2010 2

delay by filing Ext.P1 representation on 17.3.2010,

simultaneously requesting the authority concerned to keep

all recovery proceedings in abeyance till such time.

2. The learned counsel appearing for the 5th

respondent submits with reference to the counter affidavit

filed in this case, that the petitioner has chosen to challenge

Ext.P5(c) order dated 22.6.2009 passed by the 2nd

respondent, whereby subsistence allowance has been

ordered to be paid by the 2nd respondent. The learned

counsel submits that without raising any challenge against

Ext.P5(c), which in turn has become finalised, the prayer in

the writ petition is not sustainable and the recovery

proceedings are not liable to be intercepted.

2. Heard the learned Government Pleader as well.

3. The learned counsel for the 5th respondent submits

that the averments and allegations raised by the petitioner

are contrary to the actual facts and figures and that Ext.R5

(a) dated 8.5.2006 was actually issued by the then

President by name Shri. M.Mohanan, whereas the husband

W.P.(C). NO.9609 OF 2010 3

of the petitioner is one Shri. Prasad. Referring to Exts.P5 and

P6 proceedings produced along with I.A No.4810 of 2010,

the learned counsel of the 5th respondent also submits that

Ext. R5(c) order was passed by 2nd respondent very much

after hearing the petitioner as well. But since there is a

specific case for the petitioner that review petition is

pending before the 2nd respondent against R5(c), which is

sought to be executed by filing Ext.P1 representation,

simultaneously requesting to keep recovery proceedings in

abeyance, this Court finds that the matter requires to be

finalised by the 2nd respondent passing appropriate orders in

the review petition.

4. In the above circumstances, the 2nd respondent is

directed to consider and pass appropriate orders in the

review petition stated as filed by the petitioner and pending

before the said respondent, after affording an opportunity to

the petitioner as well as the 5th respondent and at the

earliest; at any rate within one month from the date of

receipt of a copy of this judgment. The recovery

W.P.(C). NO.9609 OF 2010 4

proceedings shall be kept in abeyance till such time. If no

review petition is pending, the respondents are at liberty to

proceed with further steps from the stage where it stands

now.

The Writ Petition is disposed of accordingly.

P.R.RAMACHANDRA MENON, JUDGE.

mns