IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 22ND JANUARY 2008 / 2ND MAGHA 1929 WP(C).No. 350 of 2008(N) ------------------------ PETITIONER: ------------ VILAPPIL SERVICE CO-OPERATIVE BANK LTD. NO.2522, VILAPPIL SALA BRANCH, TRIVANDRUM, REPRESENTED BY ITS BRANCH MANAGER, RICHARDSON S. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------- 1. THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, MEDICAL COLLEGE SECTION, TRIVANDRUM. 2. N.KRISHNANKUTTY NAIR, OPERATOR (RETD.), OFFICER OF THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, MEDICAL COLLEGE SECTION, TRIVANDRUM. 3. V.PARASURAMAN, OPERATOR (RETD.), OFFICER OF THE ASSISTANT ENGINEER, KERALA WATER AUTHORITY, MEDICAL COLLEGE SECTION, TRIVANDRUM. BY ADV. SRI.C.UNNIKRISHNAN, SC, KWA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL.B.RADHAKRISHNAN, J. --------------------------------- W.P(c)No.350 OF 2008 ------------------------------------ Dated this the 22nd day of January, 2008 JUDGMENT Exts.P1 and P2 are the salary certificates of respondents 2 and 3 in which the first respondent, the disbursing officer agreed to deduct in terms of Section 37 of Kerala Co-operative Societies Act. However, the agreement between the parties as discernible from Exts.P1 and P2 is only for deduction from salary and not from any other amounts. Going by the averments in the writ petition, respondents 2 and 3 have retired from service. Under such circumstances, there cannot be any recovery invoking section 37 of the Act. Writ Petition fails and the same is dismissed. THOTTATHIL.B.RADHAKRISHNAN JUDGE sv.