Kerala High Court
Suresh T vs The Joint Registrar (General) on 25 February, 2025
1
W.P.(C)No. 32473 OF 2024
2025:KER:16142
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
TUESDAY, THE 25TH DAY OF FEBRUARY 2025 / 6TH PHALGUNA,
1946
WP(C) NO. 32473 OF 2024
PETITIONERS:
SURESH T.,
AGED 59 YEARS, S/O. T. M. REGHUNATHAN,
'RETIRED BRANCH MANAGER',
AIDED PRIMARY TEACHERS' CO-OPERATIVE SOCIETY
LTD. NO. K 334, KOTTAYAM, PIN - 686001.
RESIDING AT THOPPIL HOUSE, COLLECTORATE P. O.,
KOTTAYAM DISTRICT, PIN - 686001.
BY ADVS.
S.JAYAKRISHNAN
S.PARAMESWARA PRASAD
RESPONDENTS:
1 THE JOINT REGISTRAR (GENERAL),
OFFICE OF THE JOINT REGISTRAR (GENERAL),
CO-OPERATIVE SOCIETIES, KOTTAYAM DISTRICT,
PIN - 686001.
2 AIDED PRIMARY TEACHERS' CO-OPERATIVE
SOCIETY LTD. NO. K 334,
KOTTAYAM, REPRESENTED BY ITS SECRETARY,
PIN - 686001.
3 LIFE INSURANCE CORPORATION OF INDIA LTD. (LIC),
REPRESENTED BY ITS MANAGER (P&GS) UNIT (G-603),
LIFE INSURANCE CORPORATION OF INDIA LTD.,
JEEVAN JYOTHI, II FLOOR, STAR JUNCTION,
KOTTAYAM, PIN - 686001.
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W.P.(C)No. 32473 OF 2024
2025:KER:16142
BY ADVS.
ARJUN S. KURUPP
P. V. VARGHESE (KANJIRAMATTOM)- R3
R S KALKURA - SC
MARY BEENA JOSEPH - SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 25.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C)No. 32473 OF 2024
2025:KER:16142
VIJU ABRAHAM, J.
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W.P.(C) No. 32473 of 2024
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Dated this the 25th day of February, 2025
JUDGMENT
1. The petitioner has approached this Court challenging Exhibit P-2 and for a declaration that he has no liability to return any portion of the amount he received as per the terms of the Group Insurance Policy.
2. Petitioner relies on Exhibit P-3 Judgment in W.P.(C) No. 17998 of 2019 which was passed in the light of the Judgment in Chandrasekharan Nair G. v. Kerala State Co-operative Agricultural and Rural Development Bank Ltd. [2017 (5) KHC 15].
3. The learned Counsel appearing for the respondent Nos. 1 and 2 also submits that the issue is covered in favour of the petitioner by Exhibit P-3 Judgment.
4. Taking into consideration the above facts and circumstances of the case, I am inclined to set aside Exhibit P-2 4 W.P.(C)No. 32473 OF 2024 2025:KER:16142 and declare that the petitioner has no liability to return any portion of the amount he received as per the terms of the Group Insurance Policy.
Accordingly, the writ petition is hereby disposed of.
Sd/-
VIJU ABRAHAM JUDGE Svn 5 W.P.(C)No. 32473 OF 2024 2025:KER:16142 APPENDIX OF WP(C) 32473/2024 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF COMMUNICATION DATED 26.04.2023 ISSUED BY THE MANAGER (P&GS) L.I.C., KOTTAYAM TO THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF NOTICE DATED 21.08.2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXHIBIT P3 TRUE COPY OF JUDGMENT DATED 19.08.2019 IN W.P. (C) NO. 17998/2019(Y) OF THIS HON'BLE COURT