IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 22473 of 2009(D) ------------------------------------- PETITIONER(S): --------------- 1. JOHNY URUMEES, S/O. VARGHESE, MAMPILLY HOUSE, ALUVA-1. 2. TONY PAUL, S/O. PAUL DOMINIC, OORAKATH HOUSE, PIPELINE ROAD, NAZAATH, ALUVA. 3. RAPHEL LAZAR, S/O. A.O. LAZAR, ALOOKARAN HOUSE, U.C. COLLEGE P.O., ALUVA-2. 4. T.M. RAHIM, S/O. T.P. HYDROSE, AYANIKKATTU PARAMBIL HOUSE, KOTTAPPURAM, ALANGAD. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO DEPARTMENT OF CO-OPERATIVE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR, ERNAKULAM DISTRICT CO-OP SOCIETY, ERNAKULAM. 3. THE ALWAYE URBAN CO-OP BANK LTD., MARKET ROAD, ALUVA REP. BY ITS GENERAL MANAGER. BY GOVERNMENT PLEADER MR. K.S. MOHAMMED HASHIM ADV. MR.R.RAGHUKUMAR (ALUVA) FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22473 of 2009(D) APPENDIX PETITIONERS'EXHIBITS: EXT.P1 - TRUE COPY OF AGREEMENT DATED 8.11.1990 EXECUTED BETWEEN 3RD RESPONDENT AND 1ST PETITIONER. EXT.P2 - TRUE COPY OF ORDER G.O.(Rt) NO. 96/95/CO-OPERATIVE DATED 23.02.1995 PASSED BY THE GOVERNMENT CO-OPERATIVE DEPT. EXT.P3 - TRUE COPY OF AGREEMENT DATED 4.11.1998 EXECUTED BETWEEN 3RD RESPONDENT AND 3RD PETITIONER. EXT.P4 - TRUE COPY OF REPRESENTATION DATED 10.5.2002 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT. EXT.P5 - TRUE COPY OF REPLY DATED 16.5.2002 ISSUED BY 3RD RESPONDENT. EXT.P6 - TRUE COPY OF O.P. NO. 25872/2002 FILED BY PETITIONERS BEFORE THIS COURT. EXT.P7 - TRUE COPY OF ORDER NO. CRB 2342/09/K DATED 29.4.2009 ISSUED BY THE IIND RESPONDENT TO PETITIONERS EXT.P8 - TRUE COPY OF ENVELOPE ADDRESSED TO 1ST PETITIONER SHOWING THE DATE OF ACKNOWLEDGEMENT IN THE ALUVE POST OFFICE. EXT.P9 - TRUE COPY OF APPEAL MEMORANDUM FILED BY PETITIONERS ON 17.7.2009 BEFORE THE 1ST RESPONDENT. // TRUE COPY // PA TO JUDGE rhs THOTTATHIL B. RADHAKRISHNAN, J ........................................... WP(C).NO. 22743 OF 2009 ............................................ DATED THIS THE 9TH DAY OF OCTOBER, 2009 JUDGMENT The petitioner retired from the service of KSRTC. While working as a Blacksmith, he had availed a loan from the third respondent, Housing Board, which fell in arrears and that default has led to recovery proceedings under the Revenue Recovery Act. I am satisfied that the petitioner is entitled to out of turn payment of DCRG and CVP to pay off the debt, since he faces distress action. 2. For the aforesaid reasons, it is ordered that the entire amount due from KSRTC to the petitioner by way of DCRG and CVP will be released to Housing Board within a period of four weeks from the date of receipt of a copy of this judgment. The Housing Board will deduct therefrom, the entire amounts due to it after giving such allowance or reduction in interest as may be permissible on proper representation by the petitioner. Revenue Recovery charges will also be waived, treating this as a special case and amounts, if any found remaining will be released to the Wpc 22743/2009 2 petitioner, within a further period of four weeks. Writ petition ordered accordingly. THOTTATHIL B RADHAKRISHNAN, JUDGE lgk/12/10