IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 31861 of 2008(R) --------------------------------------- PETITIONER: ------------------- M.SASIDHARAN NAIR, AGED 58 YEARS, S/O.M.MADHAVAN PILLAI, NANTHALATHU VEEDU, THALAYAL, BALARAMAPURAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.HARISH KUMAR, ADV. SRI.AYYAPPAN SANKAR. RESPONDENTS: ----------------------- 1. THE PRINCIPAL SECRETARY, CO-OPERATIVE DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE LTD.NO.T 133, THAMPANOOR, THIRUVANANTHAPURAM. 4. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SRI. K.C. SANTHOSH KUMAR, R3 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY, R4 BY ADV. SRI. K. PRABHAKARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31861 of 2008-R = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 19th day of November, 2008. JUDGMENT In answer to the averments in the writ petition seeking certain directions regarding one time settlement scheme etc., the 3rd respondent, the creditor society has placed a very detailed counter affidavit dated 2nd November, 2008. There is no reply affidavit to that. Going by the said counter affidavit, the 3rd respondent is prepared to waive an amount of Rs.8,454/-, if the petitioner makes an appropriate request and in such event, the petitioner has to pay an amount of Rs.1,60,895/- and the employer KSRTC has to recover an amount of Rs.1,19,014/- from the DCRG of the petitioner and pay it to the society within a reasonable time. Under such circumstances, it is ordered that if the petitioner makes a written request to the society WP(C)31861/08 -: 2 :- for waiver of the amount as stated in the counter affidavit within a period of two weeks from now, such waiver shall be effected and the petitioner would pay an amount of Rs.60,895/- to the society within two weeks of the disbursement of the remaining DCRG which will be released to the petitioner within a period of two months after deducting an amount of Rs.1,19,014/- as stated in paragraph 3 of the counter affidavit dated 2nd November, 2008 filed by the 3rd respondent. The KSRTC shall, on deduction of the aforesaid amount of Rs.1,19,014/- from the DCRG as directed above, transmit the said amount to the 3rd respondent forthwith. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/201108