IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 19813 of 2008(H) ------------------------------------- PETITIONER: ------------------ VAKKACHAN MARY, AGED 60 YEARS, MUNTHIRI HOUSE, H/NO.2/299, KUMBLANGI VILLAGE, KOCHI, ERNAKULAM DISTRICT. BY ADV. SRI.R.DIVAKARAN SRI.VINUCHAND RESPONDENTS: ---------------------- 1. REGISTRAR OF CO-OPERATIVE SOCIETIES, CO-OPERATIVE REGISTRAR OFFICE, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), CO-OPERATIVE REGISTRAR OFFICE ERNAKULAM DISTRICT. 3. SALE OFFICER/INSPECTOR OF CO-OPERARIVE SOCIETY FOR ARBITRATION AND EXECUTION, KOCHI-1, ERNAKULAM DISTRICT. 4. SRI.RAVEENDRAN, PAZHAYATHU VEEDU, PALLURUTHY 5. THE ERNAKULAM URBAN CO-OPERATIVE SOCIETY LTD.NO.7, DIWAN'S ROAD, KOCHI - 16 REPRESENTED BY ITS SECRETARY. ADV. SRI.M.M.MONAYE FOR ADDL.R5 SRI.K.S.MADHU SOODANAN FOR ADDL.R4 SRI.T.V.JAYAKUMAR NAMBOODIRI FOR ADDL.R4 SRI.THUSHAR NIRMAL SARATHY FOR ADDL.R4 SRI.M.M.VINOD KUMAR FOR ADDL.R4 SMT.K.M.RAMYA FOR ADDL.R4 SRI.M.PAUL VARGHESE FOR ADDL.R5 SENIOR GOVERNMENT PLEADER SMT. ANU SIVARAMAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO. 19813 OF 2008 (H) ---------------------------------------------------------------- Dated this the 8th day of August, 2008 J U D G M E N T The petitioner availed a loan from the fifth respondent. The fourth respondent was one of the sureties. The fifth respondent invoked Sec.37 of the Kerala Co-operative Societies Act, 1969 and effected recovery from the gratuity of the fourth respondent. The role of the fourth respondent is only that of the surety for a facility availed by the petitioner. Therefore, fourth respondent filed A.R.C. No.563/2007 and obtained Ext.R4(c) award. The petitioner's pleading is that she could not file appeal or revision against that award within time and the distress action on account of the award should be held back. The uncontroverted statement in the counter affidavit of the additional fourth respondent is that the amount from the gratuity of the fourth respondent was recovered on 27-12-2006 and he was also a contingent employee of the Cochin Corporation, like the petitioner. The further uncontroverted plea in para 4 of the W.P.(C) No.19813/2008 - 2 - counter affidavit is that in spite of four different postings, which are specifically stated by the fourth respondent/plaintiff in ARC No.563/2007 in his counter affidavit, the petitioner did not appear even to cross-examine the plaintiff. Under such circumstances, I do not find that the petitioner has any sustainable case for any relief. Hence, this writ petition is dismissed. Interim orders shall stand vacated. No costs. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/11/8 // True copy // P.A. to Judge.