IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 1354 of 2010(T) --------------------------------------- PETITIONER(S): ------------------------- RAJESHKUMAR, CHAKKALAYIL VEEDU, PARUMALA P.O., MANNAR. BY ADVS. MR.P.B.SAHASRANAMAN, MR.T.S.HARIKUMAR, MR.K.JAGADEESH. RESPONDENT(S): ---------------------------- THE PRESIDENT, MANNAR PANCHAYATH CONSUMER CO-OPERATIVE SOCIETY LTD., NO.2125, MANNAR PANCHAYAT, MANNAR. BY ADV. MR.N.ASHOK KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 1354 OF 2010 ----------------------------------------------------------- Dated this the 12th March, 2010. JUDGMENT The petitioner was the Secretary of the respondent Society. He was dismissed from service on the allegation that he had misappropriated certain amounts. He had not challenged the order of dismissal passed against him. The society had filed A.C.No: 143/2009 before the Administrator for realizing certain amounts that were allegedly due to the society from the petitioner. The petition which is Ext.P2 was allowed by Ext.P4 award. Though Ext.P4 was challenged in revision, the same was confirmed as per Ext.P6. The petitioner is now willing to pay the amounts that are found due from him as per Ext.P4. He only prays for the grant of a facility to pay the same in ten instalments. The petitioner also claims that amounts are due to him by way of deposits he had made with the society. According to the petitioner the amounts so remaining in deposit is Rs.5,000/-. However, according to the society the amount is only Rs.2,000/-. However, the bank is willing to adjust whatever amount that may be found to be due to the petitioner on his producing the receipt for such deposit. The petitioner agrees to produce such receipt before the respondent. WPC 1354/2010 2 The respondent has no objection to the petitioner being allowed to pay the amounts due in ten equal monthly instalments. 2. In the above circumstances this writ petition is disposed of directing the petitioner to pay the entire amount that is due and payable by him as per Ext.P4 award in ten equal monthly instalments. The first instalment shall be paid on the first of May and the subsequent instalments on the first of the succeeding months thereafter. The bank would be at liberty to proceed against the petitioner for recovery of the amounts due in accordance with law in the event of there being default of two consecutive instalments. The respondent society shall adjust any amount that is found due and payable to the petitioner on his producing proper deposit receipts to evidence the deposit of any such amount. K. SURENDRA MOHAN Judge jj WPC 1354/2010 3 K.K.DENESAN & V. RAMKUMAR, JJ. ---------------------------------------------------- M.F.A.NO: ----------------------------------------------------- JUDGMENT Dated: