IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 15920 of 2007(T) --------------------------------------- PETITIONER: ------------------- RADHAKRISHNAN NAIR.S., S/O.SUKUMARAN NAIR, AGED 52, RESIDING AT ANAND BHAVAN, PALLICHAL P.O., TRIVANDRUM. BY ADVS. MR.R.S.KALKURA, MR.M.S.KALESH, MR.HARISH GOPINATH, MR.V.VINAY MENON. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED IN THIS PROCEEDINGS BY THE MANAGING DIRECTOR, KSRTC, TRANSPORT BHAVAN, EAST FORT, TRIVANDRUM. 2. THE CHIEF PERSONNEL MANAGER-INCHARGE OF EXECUTIVE DIRECTOR (A), KSRTC, TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-23. 3. THE EXECUTIVE DIRECTOR (ADMN)-INCHARGE, KSRTC, FORT P.O., THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, KSRTC, THIRUVANANTHAPURAM CITY DEPOT, THIRUVANANTHAPURAM-23. 5. SHIBUKUMAR.D., LEGAL ASSISTANT, KSRTC CHIEF OFFICE, FORT P.O., THIRUVANANTHAPURAM-23. 6. SAILENDRAN.N., LEGAL ASSISTANT, CHIEF OFFICE, FORT P.O., THIRUVANANTHAPURAM-23. W.P.(C). NO.15920/2007-T: 7. S.RADHAKRISHNAN, LEGAL ASSISTANT, KSRTC, CHIEF OFFICE, FORT P.O, THIRUVANANTHAPURAM-23. 8. SMT.HENA.P.N., LEGAL ASSISTANT, KSRTC, CHIEF OFFICE, FORT P.O, THIRUVANANTHAPURAM-23. R1 TO R4 BY MR. K. PRABHAKARAN, SC, KSRTC, MR.JOHNSON P. JOHN, SC, KSRTC, R5 TO R7 BY ADVS. MR.SAJEEV KUMAR K.GOPAL, SMT.AMBIKA RADHAKRISHNAN, R8 BY ADVS. MR.C.A.CHACKO, SMT.C.M.CHARISMA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/08/2009,ALONG WITH W.P.(C). NO. 12782 OF 2007 & 14611 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15920/2007-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CIRCULAR DTD. 15/12/2006. EXT.P.2: COPY OF THE NOTICE OF THE CORPORATION DTD. 02/01/1975 AGENDA ITEM NO. 20 OF THE BOARD OF DIRECTORS OF THE R.1. EXT.P.3: COPY OF THE DECISION OF THE BOARD OF DIRECTORS IN RESPECT OF BOARD MEETING HELD ON 02/01/1975. EXT.P.4: COPY OF THE ORDER NO. R. DIS. 2611/73 DTD. 17/01/1975. EXT.P.5: COPY OF THE NOTIFICATION DTD. 06/10/1978. EXT.P.6: COPY OF THE PAPER/NOTICE AFFIXED ON THE WALL OF THE TRANSPORT BHAVAN BUILDING SEEN BY THE PETITIONER AFTER THE INTERVIEW ON 24/01/2007. EXT.P.7: COPY OF THE NEWSPAPER IN MATHRUBHOOMI DAILY DTD. 24/01/2007. EXT.P.8: COPY OF THE RANK LIST WAS PUBLISHED ON 25/01/2007. EXT.P.9: COPY OF THE MEMO NO. 01775/2005 DTD 25/01/2007. EXT.P.10: COPY OF THE MINUTES OF THE INTERVIEW WITH DETAILS OF LEGAL ASSISTANTS SELECTED AND APPOINTED BY THE R.1. DTD. 24/01/2007. EXT.P.11: COPY OF THE MEMO DTD. 18/08/2006 ISSUED BY THE R.1. EXT.P.12: COPY OF THE MEMORANDUM NO. PL6-000071/09 DTD. 17/02/2009 ISSUED BY THE R.1. TO THE R.5. EXT.P.13: COPY OF THE CIRCULAR NO. PL.1/017775/05 DTD. 15/12/2006 ISSUED BY THE R.1. FIXING THE QUALIFICATION FOR SELECTION OF LEGAL ASSISTANT. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- W.P.C. NO. 15290 OF 2007 -------------------------------------------- Dated this the 30th day of May, 2007 JUDGMENT Petitioners are challenging Ext.P1 decree awarded by the Lok Adalat on the ground that second petitioner did not sign the compromise decree. It is seen that first petitioner is the husband of the second petitioner and he has signed it on behalf of the second petitioner. No explanation is offered why the second petitioner did not choose to appear in the proceedings of the Lok Adalat. I am of the view that the effort of the petitioners jointly is to dodge recovery under some pretext or other because there is no bona fide in the wife disowning compromise entered into between the Bank and her husband who is a joint debtor. It is evident that under the compromise decree amount was payable to the Bank by 28.2.2006. Since petitioners have defaulted payment for more than one year, the grievance is only for the Bank. However, I feel some reasonable time can be granted to the petitioners for making payment. W.P. is accordingly closed granting time till 31.8.2007 that too only if the petitioners furnish undertaking 2 before the first respondent to make payment as above within two weeks from today. However, if the petitioners do not furnish undertaking, the Bank is free to take steps before the DRT for issuing sale certificate pursuant to decree for the second respondent to proceed with sale of properties. If undertaking is furnished and if petitioners fail to make payment within the time granted above, then there will be direction to the petitioners to handover possession of the immovable properties belonging to them to the second respondent for sale in auction without the necessity of DRT proceeding in the matter, failing which Bank can move this Court for initiating contempt. There will be an order of prohibition against petitioners from selling any immovable property without the prior consent of the Bank. The amount payable, if paid as above, will be Rs. 11 lakhs with interest at 12% from 1.3.2006 till date of payment. (C.N.RAMACHANDRAN NAIR) Judge 3