IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 17701 of 2011(K) -------------------------- PETITIONER(S): --------------- REHIMA BEEVI, AGED 49 YEARS, THIKKAVIL HOUSE, NEAR GOVT.HIGHER SECONDARY SCHOOL, PATHANAMTHITTA, (NOW WORKING AS PHARMACIST IN THE GOVERNMENT AYURVEDIC HOSPITAL, THOTTAPPUZHASSERY) BY ADV. SRI.M.T.SURESHKUMAR SRI.R.RANJITH RESPONDENT(S): --------------- 1. D.RAJAN,CHAMAKKALAYIL HOUSE, ANJUPANKIL,MUNDUKOTTACKAL P.O.,PATHANAMTHITTA (NOW WORKING AS DRIVER IN THE DISTRICT MEDICAL STORE, PATHANMTHITTA) 2. THE KERALA STATE CO-OPERATIVE BANK LTD, PATHANAMTHITTA BRANCH, VILAVINAL RAJ TOWERS, COLLEGE ROAD, PATHANAMTHITTA REPRESENTED BY ITS BRANCH MANAGER, 3. MEDICAL OFFICER, GOVERNMENT AYURVEDA DISPENSARY, THOTTAPPUZASSERY 4. LAY SECRETARY, GENERAL HOSPITAL, PATHANAMTHITTA. 5. THE DISTRICT MEDICAL OFFICER, INDIAN SYSTEMS OF MEDICINE,PATHANAMTHITTA. 6. THE DISTRICT MEDICAL OFFICER, PATHANAMTHITTA ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.17701/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE COMMUNICATION DATED 26.6.2007 ISSUED BY THE SECOND RESPONDENT TO THE 5TH RESPONDENT. EXT.P2. TRUE COPY OF THE REPRESENTATION DATED 26.2.2008 SUBMITTED TO THE 5TH RESPONDENT. EXT.P3. TRUE COPY OF THE COMMUNICATION DATED 18.7.2008 FROM THE 5TH RESPONDENT TO THE 4TH RESPONDENT. EXT.P4. TRUE COPY OF THE COMMUNICATION DATED 25.8.2008 TO THE 5TH RESPONDENT FROM THE SUPERINTENDENT OF GENERAL HOSPITAL, PATHANAMTHITTA. EXT.P5. TRUE COPY OF THE LETTER DATED 15.1.2011 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT EXT.P6, TRUE COPY OF THE LETTER DATED 1.1.2002 GIVEN TO THE PETITIONER AND ATTACHED TO EXT.P5. EXT.P7. TRUE COPY OF THE AGREEMENT DATED 20.9.2000 GIVEN TO THE PETITIONER ALONG WITH EXT.P5. / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.17701 of 2011 ----------------------------------------- Dated this the 30th June, 2011 JUDGMENT This writ petition is filed seeking a declaration that Ext.P7 agreement executed by the petitioner whereby she agreed that in the event of the principal debtor committing default in remitting the monthly instalments it will be open to the drawing officer of the petitioner to deduct the same from the petitioner's salary and to pay it over to the Kerala State Co-operative Bank Ltd., will not confer any right on the second respondent bank to recover any amount from the salary of the petitioner. The main contention raised by the petitioner and the only contention which was urged before me is that section 37 of the Kerala Co-operative Societies Act applies only to members of co-operative societies, that the petitioner is not a member of the second respondent co-operative society, that section 37 has no application and consequently Ext.P7 agreement cannot govern the rights of parties. The issue raised by the petitioner is no longer res integra and is covered by the decision of this Court in Godwin v. Kollam District Co- W.P(C) NO.17701/2011 -:2:- operatve Bank Ltd., 2005(1) KLT 625. The petitioner therein, who was working as Village Extension Officer and was surety to a loan availed by a member of a co-operative society, raised a similar contention. The learned Judge held that though section 37 refers to agreements executed by members of co-operative societies, the section does not prohibit execution of agreements by employees who are not members and recovery in terms of such agreements. In the light of the said decision, the relief claimed by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.17701 of 2011 ---------------------------- JUDGMENT 30th June, 2011