IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 3386 of 2004(C)
1. M. BALAKRISHNAN, S/O. NARAYANAN
... Petitioner
2. V.C. KURIAKOSE, S/O. CHACKO,
3. BABY P.V. S/O. VARGHESE,
4. SURESH K.G., S/O. C.S. GOPALA PILLAI
Vs
1. THE STATE OF KERALA, REPRESENTED
... Respondent
2. THE JOINT REGISTRAR (GENERAL)
3. THE SULTHAN'S BATTERY CO-OPERATIVE
4. THE ASSISTANT REGISTRAR OF
For Petitioner :SRI.DEVAN RAMACHANDRAN
For Respondent :SRI.B.S.SWATHI KUMAR,SC.CO.OP.E COMMN.
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :17/08/2007
O R D E R
KURIAN JOSEPH J.
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W.P.(C) No.3386 of 2004
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Dated 17th August, 2007.
J U D G M E N T
The writ petition is filed mainly with the following
prayers :-
(i) “Issue a writ of certiorari or other appropriate writ, order or
direction quashing Exts.P5 and P8 notices as illegal and
unconstitutional;
(ii) Issue a writ of mandamus or other appropriate writ, order
or direction to compel the 3rd respondent to consider and pass
appropriate orders on Ext.P7 representation of the petitioners.”
The issue pertains to the steps taken by the Bank for recovery of the
unauthorised petrol allowance drawn by the petitioners. Since the
Bank has already taken a decision, there is no point in directing the
Bank to consider Ext.P7. The decision is actually taken by the Joint
Registrar. Therefore, in case the petitioners have a case that they
have not been heard in the matter, it will be open to them either to
approach the Joint Registrar for considering the matter after hearing
them or it will be open to them to pursue the appellate remedy before
the Government. In order to enable the petitioners to work out the
remedy as above, the recovery pursuant to the impugned notices shall
be deferred for a further period of six months.
The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
tgs
WP NO.3386/04 2