IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 23722 of 2008(Y) -------------------------------------- PETITIONER(S): ---------------------- V. KRISHNANKUTTY, S/O. N. VELAYUDHAN, 48/580, KOZHIPARAMBU HOUSE, VADAKKANTHARA.P.O, PALAKKAD - 678 012 (ELECTRICIAN RETIRED K.S.R.T.C PALAKKAD) BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENT(S): ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPRUAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT.P.O, THIRUVANANTHAPURAM-23. 3. THE SECRETARY, K.S.R.T.C UNIT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD. NO. P 602, PALAKKAD. 4. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C, PALAKKAD. R1, R2 & R4 BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. R3 BY ADV. SRI.N.UNNIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.23722 of 2008-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 18th day of November, 2008. JUDGMENT Petitioner seeks to quash Ext.P3 demand notice issued by a co-operative society to the DTO, KSRTC calling for deduction from the retirement benefits of the petitioner. The third respondent creditor society has made the uncontroverted statement through its counter affidavit that the total outstandings due from the petitioner is Rs.56,229/- and this has to be paid either directly or by deducting from DCRG. Allowing I.A.14739/2008, I have taken on record Ext.R3(C) which evidences that the petitioner has consented to recovery of amounts shown therein from his retiral benefits. This is a material referred to by the KSRTC in its counter affidavit. The petitioner, through his learned counsel, states that Ext.R3(C) was obtained by coercion. Coercion WP(C)23722/08 -: 2 :- and influence, whether due or undue, are elements that may vitiate a transaction, but they are elements of the mind and a person, who alleges that he has been subjected to fraud and undue influence, is immediately within the knowledge of the fact of coercion of such vitiating element. He is, therefore, expected to re-act promptly in such situation. Ext.R3(C) is impeached only when it is produced in Court. This means not only that it is one having been executed but also admission of liability. Not only that, it is a communication given by the employee to the employer and not to the creditor. The credibility of that admission cannot, therefore, now be disputed. Not only that, it is not an issue to be agitated in writ jurisdiction as to whether Ext.R3(C) is vitiated by coercion. Even on the face of Ext.R3(C), there is no plea which amounts to an allegation of fraud as known to law. The writ petition, therefore, fails. The same is, therefore, liable to be dismissed. However, taking into consideration the plea of the KSRTC WP(C)23722/08 -: 3 :- and the society as also the petitioner, it is ordered that the amounts due and payable from the KSRTC in terms of the counter affidavit of the third respondent shall be paid by the KSRTC to the third respondent within two months from now and the amounts due from the petitioner to the third respondent can be deducted on the basis of Ext.R3(c) and the balance portion released to the petitioner at the earliest. The amounts so deducted will also be transmitted to the third respondent by the KSRTC within two months as stated above. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108