T.PARAMESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 16.06.2020 in W.P. (C) No. 2613 of 2020. The appellants were the petitioners in the said writ petition. They filed the writ petition seeking the following reliefs:-

(2.) Evidently, the learned Single Judge closed the writ petition as per the impugned judgment after taking note of the reliefs sought for and also the submissions made on behalf of the respondent bank. This fact is evident from the following recital in the judgment:- "It is brought to my notice that Section 66 inspection has been conducted and surcharge proceedings under Section 68 is on. In view thereof, nothing survives in the writ petition and the same is accordingly closed". In the light of the said observation made by the learned Single Judge which resulted in closure of the writ petition, we carefully scanned the reliefs sought for. On such consideration we have no doubt in our mind that the learned Single Judge was perfectly right in closing the writ petition as that considering the prayers sought for and the actions taken against the Society, nothing survives for further consideration in the writ petition. That being the indisputable position, the writ petition was only to be closed and that exactly what was done by the learned Single Judge.

(3.) In that circumstances, we feel that this is not an eminently fit case where this Court should invoke the power under Section 5 of the High Court Act.