High Court Kerala High Court

P.Mohammed vs State Of Kerala on 26 March, 2009

Kerala High Court
P.Mohammed vs State Of Kerala on 26 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9738 of 2009(J)


1. P.MOHAMMED, AGED 61 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE REGISTRAR OF CO-OPERATIVE

3. THE VALLAPPUZHA SERVICE CO-OPERATIVE

4. THE PRESIDENT,

                For Petitioner  :SRI.SANTHEEP ANKARATH

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :26/03/2009

 O R D E R
               THOTTATHIL B RADHAKRISHNAN, J
                  ...........................................
                 WP(C).NO. 9738                  OF 2009
                  ............................................
        DATED THIS THE           26TH DAY OF MARCH, 2009

                                JUDGMENT

Notice to respondents 3 and 4 dispensed with preserving

their right to move for review of this judgment, if aggrieved.

Learned Government Pleader appears for respondents 1 and 2.

The petitioner, on the strength of Ext.P5 judgment and

earlier judgments made Ext.P1 request to the fourth respondent

for release of his gratuity. While he claimed that he is entitled to

the remaining amount of Rs.2,67,215/-, respondents 3 and 4 are

yet to take a decision on that in the light of Ext.P5 judgment.

The decision in Ratnavalli’s case referred to in Ext.P5 judgment is

affirmed by the Division Bench also. Therefore that is binding on

the Co-operative Societies as declaration of law by this court.

Hence respondents 3 and 4 are directed to take up the request of

the petitioner and consider it in the light of what is stated in

Ext.P5 judgment without insisting on any further modification of

the Rules.

Writ petition ordered accordingly.

THOTTATHIL B RADHAKRISHNAN,
JUDGE
lgk/27/3