IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 7578 of 2006(B) ------------------------------------ PETITIONER: ----------------- JOHNSON SEBASTIAN, OFFICE SECRETARY/ OFFICE-IN-CHARGE UNDER SUSPENSION VADDY-THANGASSERY FISHESRMEN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD. NO.F.(Q)23, KOLLAM-691 013 NOW RESIDING AT MUNDAZHIKOM PURAYIDOM KAIKULANGARA WEST, VADDY, KOLLAM-691 013. BY ADV. SRI.B.SURESH KUMAR RESPONDENTS: ---------------------- 1. THE VADDY-THANGASSERY FISHERMEN DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD.NO.F.(Q)23, KOLLAM-691 013, REPRESENTED BY ITS SECRETARY. 2. THE PRESIDENT, VADDY-THANGASSERY FISHERMEN, DEVELOPMENT WELFARE CO-OPERATIVE SOCIETY LTD.NO.F.(Q) 23, KOLLAM-691 013. 3. THE DIRECTOR OF FISHERIES THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF FISHERIES CIVIL STATION, KOLLAM-691 013. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R3, R4 ADV. SRI.C.RAJENDRAN FOR R1, R2 ADV. SMT.BABY SUJATHA FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.7578 OF 2006 --------------------------------------- Dated this the 29th day of September, 2008. J U D G M E N T This writ petition is filed with the following prayer: i) Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents 1 & 2 to pay subsistence allowance to the petitioner from 1/4/2005 for the entire period of suspension as directed in Ext.P8 by the 4th respondent. Since Exhibit P8 has become final, the first respondent cannot shirk from its liability to pay subsistence allowance. Therefore, there will be a direction to the first respondent to pay subsistence allowance to the petitioner in terms of Exhibit P8, if not already paid, within a period of two months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 7578 OF 2006 J U D G M E N T 29.09.2008