IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 21ST MARCH 2007 / 30TH PHALGUNA 1928 OP. No. 22797 of 2002(L) --------------------------------- PETITIONER: ------------------- SRI. K. L. JOSEPH, THE MANAGER, THE CHANGANASSERY METAL AND ALLIED INDUSTRIES CO-OPERATIVE SOCIETIES LTD., NO. SIND(K) TI, CHANGANASSERY. BY ADV. SRI. RAJU ABRAHAM PULPARA RESPONDENTS: ---------------------- 1. THE PROJECT OFFICER, KERALA KHADI AND VILLAGE INDUSTRIES, OFFICE, KOTTAYAM. 2. THE CHANGANASSERY METAL AND ALLIED INDUSTRIES, CO-OPERATIVE SOCIETIES LTD., NO. SIND(K) TI, REPRESENTED BY ITS PRESIDENT. BY ADV. SRI. V.V. JOSHI, SC, KHADI BOARD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 21/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. No. 22797 of 2002(L) Order on C.M.P. No. 38997 of 2002 in O.P. No. 22797 of 2002 Dismissed. 21.03.2007 Sd/- KURIAN JOSEPH, JUDGE. A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF FIR IN CRIME 37/2002 OF CHANGANASSERY POLICE STATION. EXT. P2 : COPY OF REPRESENTATION DATED 14.09.2001 SUBMITTED BEFORE 1ST RESPONDENT. EXT. P3 : COPY OF REPRESENTATION DATED 05.11.2001 SUBMITTED BEFORE THE MANAGING COMMITTEE. EXT. P4 : COPY OF JUDGMENT DATED 19.02.2002 OF THIS HON'BLE COURT IN O.P. NO. 5469/2002. EXT. P5 : COPY OF REPRESENTATION DATED 10.04.2002 TO 1ST RESPONDENT. EXT. P6 : COPY OF THE MINUTES OF THE EXECUTIVE COMMITTEE DATED 18.03.1994. EXT. P7 : COPY OF ORDER DATED 11.04.2002 ISSUED BY 1ST RESPONDENT TO 2ND RESPONDENT. EXT. P8 : COPY OF NOTICE DATED 14.06.2002 ISSUED BY 2ND RESPONDENT TO THE PETITIONER. EXT. P9 : COPY OF REPLY DATED 15.07.2002 SENT BY PETITIONER TO EXT. P8. // TRUE COPY // P.A. TO JUDGE. smp KURIAN JOSEPH, J. ----------------------------------- O.P. NO. 22797 OF 2002 ----------------------------------- Dated this the 21st day of March, 2007. J U D G M E N T This original petition is filed with the following prayers. i) Issue a writ of certiorari or other appropriate writ, direction or order calling for the records leading to Ext. P8 and to quash Ext. P8 since the same is issued without any basis and vindictive in nature. ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing 1st respondent to compel 2nd respondent to permit the petitioner to retire honourably along with his retirement benefits and other dues due to the petitioner and also to release the fixed deposit made by Smt. Rosamma Joseph, the wife of the petitioner with interest as directed in Ext. P7. It is seen that Exhibit P7 order is passed by the Project Officer with notice to the second respondent. Thereafter, it is not necessary to pursue Exhibit P8 notice for which the petitioner has given explanation as per Exhibit P9. Therefore, this original petition is disposed of with a direction to the respondents to implement Exhibit P7 within a period of one month from date of production of a copy of this judgment. KURIAN JOSEPH, JUDGE. smp