Kerala Court April 2003 Judgments
Vazhithala Service Co-operative Bank Vs. the Registrar of Co-operative ...
Court: Kerala
Decided on: Apr-30-2003
Reported in: 2003(2)KLT653
Cyriac Joseph, J. 1. This Writ Appeal is filed against the judgment in O.P. No. 26196 of 2001, The appellant is the petitioner in the Original Petition. 2. The appellant is Vazhithala Service Co-operative Bank Ltd. (hereinafter referred to as 'the Bank'). As per the bye laws of the Bank, the post of Secretary is to be filled up either by promotion from the cadre of Assistant Secretary/Manager/Chief Accountant or by direct recruitment. Sri. K.M. Mathai, the Secretary of the Bank, was due to retire from service on 31.8.2000. The Assistant Secretary Smt. N.G. Santhakumari and the Branch Manager Smt.N.M.Anice did not possess the necessary qualification for promotion to the post of Secretary. Sri. K.Sugathan Nairand Smt.K.C.Cicily, who are Accountants in the Bank were qualified for the post of Secretary but they relinguished their claim for the post of Secretary. Hence, the Board of Directors of the Bank as per Resolution No.9/239 dated 3.7.2000 resolved to make appointment to the post of S...
Tag this Judgment!Registrar (Births and Deaths) Vs. Jayakrishnan
Court: Kerala
Decided on: Apr-30-2003
Reported in: 2003(2)KLT701
Cyriac Joseph, J.1. This Writ Appeal arises from O.P. No. 1507 of 2003 which was disposed of by the learned Single Judge as per the impugned judgment dated 16th January, 2003. The appellants are the respondents and the respondent herein is the petitioner in the Original Petition.2. According to the averments in the Original Petition, the respondent herein was born on 25.6,1973 in Ananthamandiram Hospital, Kottayam. He is presently working in the United States of America. In order to apply for a Green Card there he needed a birth certificate from the first appellant - Health Inspector/Registrar (Births and Deaths), Kottayam Municipality. He approached the first appellant and obtained a birth certificate on 8.5.2002 a true copy of which is Ext.P1. As per Ext.P1 the date of birth of the respondent is 26.6.1973 whereas the actual date of birth is 25.6.1973. The mistake which had crept in the Birth Register was noticed by the respondent only when he received Ext.Pl birth certificate. Hence,...
Tag this Judgment!Vaijayanthi Vs. State of Kerala
Court: Kerala
Decided on: Apr-30-2003
Reported in: 2003(3)KLT1055
Cyriac Joseph, J. 1. The petitioner challenges Ext. P1 Government Order dated 1st July 1998 and Ext. P4 Government Order dated 17th October 1997 imposing the penalty of barring her one increment for a period of two years without cumulative effect and directing the petitioner to remit a sum of Rs. 14,069 being the loss sustained by the Government.2. As per Ext. P-2 memo of charges dated 19th May 1997, while holding the post of Assistant Director of Agriculture, Perinthalmanna the petitioner was indifferent, irresponsible and negligent in the discharge of her official duties and she failed (i) to arrange pre-measurements of the earthwork of the foundation of the construction of a side protection wall at Melkulangara - Poonthal Parasekharam, (ii) to insist for the production of invoices of the work by the Convenor as laid down in the Government Order on the subject and (iii) to assure Engineering supersession while the construction work was being executed, which finally resulted in the ov...
Tag this Judgment!The Health Inspector/Registrar (Births and Deaths), Kottayam Municipal ...
Court: Kerala
Decided on: Apr-30-2003
Reported in: AIR2004Ker7
Cyriac Joseph, J.1. This writ Appeal arises from O. P. No. 1507 of 2003 which was disposed of by the learned single Judge as per the impugned judgment dated 16th January, 2003. The appellants are the respondents and the respondent herein is the petitioner in the original petition.2. According to the averments in the original petition, the respondent herein was born on 25-6-1973 in Ananthamandiram Hospital, Kottayam. He is presently working in the United States of America. In order to apply for a Green Card there he needed a birth certificate from the first appellant -- Health Inspector/Registrar (Births and Deaths), Kottayam Municipality. He approached the first appellant and obtained a birth certificate on 8.5.2002 a true copy of which is Ext. P.1 As per Ext. P1 the date of birth of the respondent is 26-6-1973 whereas the actual date of birth is 25-6-1973. The mistake which had crept in the Birth Register was noticed by the respondent only when he received Ext. P1 birth certificate. H...
Tag this Judgment!Kochukutty Purushan Vs. State of Kerala
Court: Kerala
Decided on: Apr-11-2003
Reported in: 2003(2)KLT742
K.A. Mohamed Shafi, J.1. In this appeal preferred by the claimant in LAR 37/90 on the file of the Subordinate Judge's Court, Cherthala, the grievance is that the lower court denied the benefit of Sections 23(2) and 28 of the amended Land Acquisition Act to the appellant for the enhanced compensation awarded in this case.2. 3.35 Ares of land comprised in Sy. No. 53/4/4 of Vayalar West Village was acquired for the National Highway as per the notification dated 24.4.1971 issued under Section 3(1) of the Kerala Land Acquisition Act. The Land Acquisition Officer by the award dated 11.9.1972 awarded land value at the rate of Rs. 610/- per Are. The reference court enhanced the land value to Rs. 2,000/- per Are by the impugned judgment dated 22.2.1996. The lower court denied the benefits of Sections 23(2) and 28 of the amended provisions of the Land Acquisition Act. According to the appellant, he is entitled to the benefits of the amended Sections 23(2) and 28 of the L.A. Act since the award i...
Tag this Judgment!Varkey Vs. Paily Issac
Court: Kerala
Decided on: Apr-11-2003
Reported in: 2003(2)KLT519
Cyriac Joseph, J.1. The appellant is the petitioner in O.P. No. 35551/2002 which was disposed of by the learned Single Judge on 11.12.2002 as per the impugned judgment.2. The appellant was a candidate in the election held to the Board of Directors of the Kothamangalam Service Co-operative Bank on 26.12.1999. He was defeated in the election. He raised an election dispute under Section 69 of the Kerala Co-operative Societies Act (for short 'the Act'). The said dispute was registered as A.R.C. No. 226/2002. As per the award in A.R.C. No. 226/2002, the election was set aside. The elected members of the Board of Directors filed an appeal before the Kerala Co-operative Tribunal as A.P. No. 76/2002. Along with the appeal, the appellants filed LA. Nos. 415/2002 and 419/2002. LA. No. 415/2002 was for stay of the award and LA. No. 419/2002 was for reinstatement of the appellants as members of the Board of Directors, since an Administrator had already assumed charge pursuant to the setting aside ...
Tag this Judgment!Lordan Vs. Registrar, Fisheries Directorate
Court: Kerala
Decided on: Apr-11-2003
Reported in: 2003(2)KLT806
R. Rajendra Babu, J.1. The Electoral Officer of the Kerala State Co-operative Election Commission issued notification dated 19.8.2002 (Ext. Pi in O.P. 27295/02) for holding election to the Managing Committee to the Kerala State Co-operative Federation for Fisheries Development Ltd. (MATSYAFED). As per the notification, 15 members were to be elected, viz., 13 members from the general seat, one member from SC/ST, and one lady member. Election was scheduled to be held on 18.9.2002. Nominations had to be filed on 5.9.2002 and its scrutiny was scheduled on 6.9.2002. The Returning Officer, MATSYAFED, accepted the nomination papers and rejected some of the nomination papers on the ground that the societies represented by those persons who filed the nominations were defaulters or in default to the apex society - the MATSYAFED. The President of the Pulluvila Fisherman Development Welfare Co-operative Society Ltd., No. F(T) 28, Sri Lordan filed nomination as the nominee of the above society and ...
Tag this Judgment!Chandran Vs. Travancore Devaswom Board
Court: Kerala
Decided on: Apr-11-2003
Reported in: 2003(2)KLT497
S. Sankarasubban, J.1. This Original Petition has been filed to issue a writ in the nature of certiorari or any other appropriate writ, direction or order calling for the records leading to proceedings No. ROC 1943/01/L dated 18.6.2002 issued by the first respondent and quashing the same and for other reliefs. The case of the petitioner is as follows:2. The petitioner is a devotee of Kazhakoottam Kulangara Sree Krishna Swamy Temple. It is a public religious worship and the same is a minor Devaswom under the control and administration of the Travancore Devaswom Board. The same is aTemple of ancient origin and the Hindus of the locality worship the presiding deity namely Lord Sree Krishna.3. As part of the said Temple there, is a pond with three kadavu. They are respectively, the Santhi kadavu, Kottara kadavu and Naga kadavu. Conceptually, this pond was dug during the reign of his Highness the Marthanda Varma Maharaja and dedicated to the deity to commemorate the fleeing of Ettu Veettil ...
Tag this Judgment!Trissur District Co-operative Bank Vs. State of Kerala
Court: Kerala
Decided on: Apr-11-2003
Reported in: 2003(2)KLT606
R. Rajendra Babu, J. 1. The petitioner, the Trissur District Co-operative Bank Employees Union represented by its Secretary, filed this O.P. for directing the 2nd respondent, the Registrar of Cooperative Societies, to consider Ext.P9 representation and to cancel Exts.P7 and P8 resolutions taken by the 4th respondent, the Administrator, Trissur District Cooperative Bank, and also for directing respondents 1to 6 not to grant and disburse the loan amount sanctioned as per Exts.P7, P8 and P11to the 7th respondent, Priyadarshini Co-operative Hospital Ltd. No. R 756. 2. The allegations in the petition briefly are as follows: The 5th respondent, the Trissur District Co-operative Bank was under the administration of the Administrator with effect from 4.5.2002. The 7th respondent Priyadarshini Co-operative Hospital Ltd. No.R756 was a co-operative society registered as a Hospital Society in 1986. The objectives of the above society could not be achieved even after 16 years and the above society ...
Tag this Judgment!Johnson George Vs. State of Kerala
Court: Kerala
Decided on: Apr-11-2003
Reported in: 2003(2)KLT676
K.K. Denesan, J.1. In these two original petitions the petitioners who are members of the teaching staff of private colleges have approached this Court with rival claims. Since the same question in the same set of facts arises for consideration, they are disposed of together.2. Petitioner in O.P. No. 34274 of 2001 is aggrieved by the refusal by Kerala University to approve the inter-management/lnter-university transfer granted in his favour by the management based on the sanction accorded by the Director of Collegiate Education.3. Petitioner in O.P. No. 21649 of 2001 has approached this Court opposing the aforesaid inter-management transfer and seeking directions not to approve that appointment.4. A perusal of the proceedings issued by the management on 28.5.2001, copy of which is produced and marked as Ext.P5 in both the O.Ps. would furnish the basic facts forming the foundation of these cases. I therefore extract Ext.P5 in extenso:'Vide the orders read above, the Director of Collegia...
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