IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 WP(C).No. 17845 of 2005(Y) -------------------------- PETITIONERS: ------------ 1. M.S. VIJAYAN, S/O. SIVASANKARAN, AGED 52 YEARS, MUNDEKKODE HOUSE, MUNDUR P.O., PALAKKAD DISTRICT. 2. M.R. SAJEEV, S/O. LATE RAGHAVAN, AGED 40 YEARS, MUNDEKKODE HOUSE, MUNDUR P.O., PALAKKAD DISTRICT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. THE SPECIAL DEPUTY TAHSILDAR (R.R), NO.VIII, KERALA STATE FINANCIAL ENTERPRISES LTD., PALAKKAD. 3. KERALA STATE FINANCIAL ENTERPRISES LTD., BHADRATHA, MUSEUM ROAD, TRICHUR, REPRESENTED BY ITS MANAGING DIRECTOR. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION,PALAKKAD. R1 BY G.P. SRI. K.P. PRADEEP R2 AND R3 BY ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. R4 BY ADV. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER DATED 25.6.2002 ISSUED BY THE THIRD RESPONDENT TO 4TH RESPONDENT. EXT.P2 TRUE COPY OF THE LETTER DATED 25.7.2002 ISSUED BY THE THIRD RESPONDENT TO 4TH RESPONDENT. EXT.P3 TRUE COPY OF THE DEMAND NOTICE DATED 5.4.2005 ISSUED BY THE 2ND RESPONDENT TO THE FIRST PETITIONER. EXT.P4 TRUE COPY OF THE DEMAND NSOTICE DATED 5.4.2005 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. EXT.P5 STRUE COPY OF THE REPRESENTATION DATED 18.5.2005 SUBMITTED BY THE FIRST PETITIONER TO THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 17845 OF 2005 -------------------------------------------- Dated this the 1st day of January, 2008 JUDGMENT Petitioner's grievance is that even though loan availed is repayable to KSFE, recovery made in garnishee proceedings from the guarantors by KSRTC is not remitted by KSRTC to KSFE. In similar cases, this Court directed the KSRTC to remit recovered amount with interest at the same rate charged by the KSFE on defaulters. In this case also there was interim order directing the KSRTC to remit the amount recovered from the guarantors to the loan account of the petitioner. It is reported by counsel for KSFE that no amount is deposited by the KSRTC so far. Even though this Court should initiate suo motu contempt against KSRTC, I give them one more opportunity to deposit the recovered amount from the employees in terms of interim order dated 29.6.2005 on or before 25.3.2008. Petitioner will remit the balance amount within two weeks thereafter. Interim order of stay granted will continue till 15.4.2008 and thereafter recovery will be continued against the petitioner for the balance amount, if not paid. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge 2