IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 17TH MARCH 2010 / 26TH PHALGUNA 1931 WP(C).No. 37821 of 2009(W) --------------------------------------- PETITIONER: ------------------- MONACHAN JOHN, AGED 48, S/O. JOHN, EZHUKILANIKKAL, IRINGOL P.O., PERUMBAVOOR, (CONDUCTOR, KSRTC, PERUMBAVOOR). BY ADVS. MR.P.JAYAKUMAR, MR.V.N.MOHANADASAN. RESPONDENTS: ------------------------ 1. MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., PATHANAMTHITTA. 3. DISTRICT TREASURY OFFICER, DISTRICT TREASURY, TRIVANDRUM. 4. M.P.ALEXANDER, AMNATTU HOUSE, MARAMON P.O., PATHANAMTHITTA. (INSPECTOR, RETIRED KSRTC, MUVATTUPUZHA). 5. SECRETARY, KERALA STATE ROAD TRANSPORT WORKERS' CO-OPERATIVE SOCIETY LTD., NO.T-133, TRIVANDRUM. 6. ASSISTANT TRANSPORT OFFICER, KSRTC, PERUMBAVOOR. R1, R2 & R6 BY MR. V.V. NANDAGOPAL NAMBIAR, S.C, K.S.R.T.C, R4 BY ADV. MR.A.C.DEVY, R5 BY ADV. MR.N.UNNIKRISHNAN,S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.37821/2009-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE ISSUED BY THE R.5 DTD. 27/04/2006. EXT.P.2: COPY OF THE NOTICE DTD. 29/10/2009 ISSUED BY THE R5. SOCIETY. EXT.P.3: COPY OF THE NOTICE DTD. 24/11/2009 ISSUED BY THE ASSISTANT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, TRIVANDRUM TO THE PETITIONER. EXT.P.4: COPY OF THE REPRESENTATION DTD. 23/12/2009. EXT.P.5: COPY OF THE ORDER IN W.P.(C).NO.11770/2009. RESPONDENTS' EXHIBIT: EXT.R5.A: COPY OF THE AWARD NO. 1640/09. //TRUE COPY// P.A. TO JUDGE. Prv. K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.37821 of 2009 ------------------------------------------- Dated this the 17th day of March, 2010 JUDGMENT The petitioner who was working as a Conductor in the KSRTC was a surety to a loan of Rs.75,000/- availed by the 4th respondent from the 5th respondent society during the year 2001. The 4th respondent retired from the service of the KSRTC on 30.9.2006 and the balance amount of Rs.1,14,151/- with interest that was due to the 5th respondent society was sought to be effected from the petitioner. The petitioner contends that the amounts due may be recovered from the retirement benefits of the 4th respondent. 2. During the pendency of this Writ Petition, the 4th respondent has paid off the entire amounts due to the 5th respondent and has satisfied the debt. The counsel for the 5th respondent submits that the entire loan amount has been received and that no further amounts are due from the 4th respondent to the 5th respondent society. This is recorded. In view of the above developments, no further wpc No.37821/2009 2 orders are necessary to be issued in this Writ Petition. 3. The interim order dated 5.1.2010 directing the respondents 1 to 3 and 6 not to disburse the amount covered by cheque No.0059710 dated 30.11.2009 is vacated. The Writ Petition is disposed of as above. K.SURENDRA MOHAN, JUDGE css/