IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 27624 of 2004(L) ------------------------------------- PETITIONER(S): ------------------------- 1. R. KANDAMUTHU, RETIRED DRIVER, K.S.R.T.C., RESIDING AT KOLATHUMEDU, PUDUNAGARAM P.O., PALAKKAD. 2. M.K. SUNDARESWARAN, RETIRED DRIVER, K.S.R.T.C., RESIDING AT 3/305A, BAZAR ROAD, CHITTUR, PALAKKAD. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE MR.T.C.SURESH MENON SMT.M.R.VALSA MR.SREEKANTH.K.R SMT.G.GEETHISHA RESPONDENT(S): ----------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY THE ASSISTANT TRANSPORT OFFICER, CHITTUR, PALAKKAD. 2. KERALA STATE TRANSPORT WORKERS, CO-OPERATIVE SOCIETY LIMITED, NO.T.133, THIRUVANANTHAPURAM. 3. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS MANAGER, BHADRATHA, P.B.NO.510, MUSEUM ROAD, THRISSUR-680 020. BY ADVS.MR.JAMES KOSHY.N., SC. KSRTC FOR R1 MR.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 MR.N.UNNIKRISHNAN FOR R2 MR. RAJU JOSEPH, ADDL.SC.,KSFE LTD. FOR R3 MR.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.27624/2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE JUDGMENT IN WPC. NO.18029/04 DT. 30.6.04. P2:- COPY OF THE INTERIM ORDER PASSED IN WPC. 24749/04 DT. 19.8.04. P3:- COPY OF THE CERTIFICATE ISSUED TO THE IST PETITIONER DT. 5.1.04. P4:- COPY OF THE CERTIFICATE ISSUED TO THE 2ND PETITIONER DT. 12.8.02. P5:- COPY OF THE INTIMATION RECEIVED BY THE IST RESPONDENT IN THE CASE OF THE IST PETITIONER DT. 29.11.03. P6:- COPY OF THE INTIMATION RECEIVED BY THE IST RESPONDENT IN THE CASE OF THE 2ND PETITIONER DT. 24.5.04. R2(a):- COPY OF THE STATEMENT OF RECOVERY POSITIONS OF SHRI R.KANDAMUTHU AGAINST WP(C) NO.27624/2004. TRUE COPY P.A. TO JUDGE TSS THOTTATHIL B RADHAKRISHNAN, J ........................................... WP(C).NO. 27624 OF 2004 ............................................ DATED THIS THE 9TH DAY OF JUNE, 2009 JUDGMENT The petitioners availed loans from the respondents 2 and 3. Their employer is the first respondent. They had executed agreements falling under Section 37 of the Kerala Co-operative Societies Act, in so far as it relates to the loan availed from the second respondent. There is also an agreement for deduction from the salary of the amounts due to the third respondent. The petitioners challenged recovery proceedings initiated against them. Ext.P4 will show that the outstandings due to the third respondent from the second petitioner was recovered by KSRTC but not paid off to the second respondent, Society. In the aforesaid circumstances, all recovery proceedings against the petitioners will stand quashed and KSRTC is directed to pay to the second respondent an amount of Rs.12,977/- with interest @ 6% per annum, following the contentions in paragraph 3 of the counter affidavit of the second respondent. The amounts collected by KSRTC from the petitioners and due to KSFE shall WP(C) 27624/2004 2 also be paid off with 6% interest from the date of default. This judgment forecloses any further recovery against the petitioners. Respondents 2 and 3 would be entitled to enforce the terms of this judgment and the order as against KSRTC if need be. Let the payment as aforesaid be made within a period of three months from the date of receipt of a copy of this judgment. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/10/6