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P.P.MOHANAN, PAYIKKATTU, KAPRASSERY versus THE STATE OF KERALA

High Court of Kerala

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P.P.MOHANAN, PAYIKKATTU, KAPRASSERY v. THE STATE OF KERALA - WP(C) No. 26562 of 2005(K) [2007] RD-KL 601 (9 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26562 of 2005(K)

1. P.P.MOHANAN, PAYIKKATTU, KAPRASSERY,
... Petitioner

Vs

1. THE STATE OF KERALA,
... Respondent

2. THE JOINNT REGISTRAR(DIARY),

3. KAPRASSERY KSHEEROLPADAKA SAHAKARANA

For Petitioner :SRI.P.RAMAKRISHNAN

For Respondent :SRI.V.G.ARUN

The Hon'ble MR. Justice J.M.JAMES

Dated :09/01/2007

O R D E R

J.M.JAMES, J.

W.P.(C). 26562/2005 Dated this the 9th day of January, 2007

JUDGMENT

The petitioner was the Secretary of the third respondent, Society. He was proceeded against for misconduct. As he was unsuccessful before the Joint Registrar, he preferred an appeal before the Government. He also obtained a direction from this Court in O.P. No.4236/1996, to raise all his contentions before the Government. Ext.P12 is the order of the Government dated 28.5.2005 disposing of the appeal.

2. During the pendency of the appeal, it is conceded by either side, that the third respondent had expressed no objection in reinstating the appellant, as the criminal case registered against him had ended in acquittal. Because of the submission of the counsel for the third respondent that they had no objection in reinstating the writ petitioner, the appeal was dismissed. The same is under challenge through this writ petition. W.P.(C).26562/2005 2

3. I have verified from the counsel for the third respondent that the latter had got no objection in reinstating the writ petitioner. However, the counsel submits that he is not sure whether the petitioner had been reinstated or not.

4. After hearing both sides and considering the facts that are placed before me, I direct the third respondent to reinstate the writ petitioner to the service, as Secretary, of third respondent, as conceded by them before the Government as well as before this Court, if he had not already been reinstated. The writ petition is disposed of as above. J.M.JAMES

JUDGE

mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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