IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 28664 of 2009(C) -------------------------------------- PETITIONER: ------------------- THE SECRETARY,SREEKANDAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO.974,SREEKANDAMANGALAM, CHERTHALA,ALAPPUZHA DISTRICT.REPRESENTING: SREEKANDAMANGALAM SERVICE CO-OPERATIVE BANK LTD.NO 974,SREEKANDAMANGALAM,CHERTHALA,ALAPPUZHA DISTRICT. BY ADV. MR.K.RAMANATHAN. RESPONDENTS: ------------------------ 1. SOSAMMA THOMAS, CHIRAKKATHARA HOUSE,C.M.C., CHERTHALA,ALAPPUZHA DISTRICT. 2. G.RAJENDRAN PILLAI, RENJINI NIVAS,MARUTHORVATTOM P.O., CHERTHALA,ALAPPUZHA DISTRICT. 3. K.K.SIBICHAN, KELAMPARAMBIL HOUSE,VILLAGE,CHERTHALA. 4. THE HEAD MASTER, GOVT.GIRLS HIGH SCHOOL,CHERTHALA, ALAPPUZHA DISTRICT. 5. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA. 6. THE SUB TREASURY OFFICER, SUB TREASURY,CHERTHALA. 7. THE SECRETARY, DEPARTMENT OF EDUCATION, GOVT.OF KERALA,THIRUVANANTHAPURAM. R4 TO R7 BY GOVT. PLEADER MR. K.S. MUHAMMED HASHIM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28664/2009-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE AGREEMENT EXECUTED BY THE RESPONDENTS 1, 2 & 3 ALONG WITH THE SAID V.A. JOSEPH DTD. 07/04/1997. EXT.P.2: COPY OF THE UNDERTAKING BY THE R.1. AND THE CERTIFICATE FROM THE HEADMISTRESS, DVHS, CHARAMANGALAM DTD. 25/03/1997. EXT.P.3: COPY OF THE NOTICE DTD. 22/09/2008. EXT.P.4; COPY OF THE REPRESENTATION DTD. 18/09/2008. EXT.P.5: COPY OF THE LETTER NO:A1/8995/08 DTD. 05/01/2009 SHOWING SALARY PARTICULARS OF R1. EXT.P.6: COPY OF THE LETTER DTD. 03/03/2009 ISSUED TO THE R.5. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO.28664 OF 2009 ............................................ DATED THIS THE 16TH DAY OF FEBRUARY, 2010 JUDGMENT The petitioner is the Secretary of Sreekandamangalam Service Co-operative Bank Ltd. According to him, respondents 1 to 3 are the members of the petitioner, bank. The second respondent had availed a loan of Rs.50,000/- from the bank. Respondents 1 to 3 were guarantors for the transaction. They had agreed to repay the amount in the event of default on the part of the second respondent. The second respondent committed default in repayment of the loan. Therefore, the petitioner bank approached the 4th respondent for recovery of the arrears of the loan amount. However, the 4th respondent did not co-operate. The petitioner has produced Ext.P3 requisition, that was issued to the 4th respondent under Section 37(2) of the Co-operative Societies Act, 1969. The complaint of the petitioner is that no action has been taken thereon by the 4th respondent till date. The 4th respondent being the Headmaster of the Govt.Girls High School, should have recovered and remitted the necessary amounts from the salary of the first respondent, Wpc 28664/2009 2 pursuant to Ext.P3. 2. Though notice has been served on the respondents, they have not entered appearance. 3. In view of the above, this writ petition is disposed of directing the third respondent to deduct the permissible amount from the salary of the first respondent and to remit the same to the bank, in accordance with law, pursuant to the requisition, Ext.P3. K.SURENDRA MOHAN, JUDGE lgk