IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23284 of 2008(V)
1. P.V. DIVAKARAN (RTD. PEON),
... Petitioner
Vs
1. SECRETARY TO GOVERNMENT,
... Respondent
2. SUPERINTENDENT ENGINEER,
3. THE ACCOUNTANT GENERAL,
4. SUB TREASURY OFFICER,
For Petitioner :SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR)
For Respondent : No Appearance
The Hon'ble MR. Justice K.M.JOSEPH
Dated :04/08/2008
O R D E R
K.M.JOSEPH, J.
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WP.(C) No.23284 of 2008
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Dated this the 4th day of August, 2008
JUDGMENT
The only prayer pressed by the learned counsel for the
petitioner is for a direction to consider and take a decision on Ext.P3
representation. Petitioner points out that in the light of Exts.P4 and P5 there
can be no ground for withholding the amount due to the petitioner. Ext.P4
is a communication from the Kerala State Handloom Development
Corporation, which is produced to show that the petitioner is not having
liability in the particular showroom. Ext.P5 is a communication from the
Principal Munsiff intimating that the salary attachment in O.S. 846 of 1998
against the petitioner had been lifted.
2. I heard learned Government Pleader also.
In the circumstances, the writ petition is disposed of directing
the second respondent to consider and take a decision on Ext.P3 in
accordance with law, after affording an opportunity of hearing to the
petitioner and any other affected party including the plaintiff in O.S. 846 of
1998, within a period of one month from the date of receipt of a copy of this
judgment. In order to facilitate affording an opportunity of hearing, the
petitioner will make available copy of the plaint in O.S. 846 of 1998 along
WPC.23284/2008. 2
with a copy of this judgment. The amount found payable will be disbursed
to the petitioner without any delay, at any rate within six weeks from the
date of taking a decision, by which the amount can be disbursed.
(K.M. JOSEPH, JUDGE)
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