IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 32543 of 2006(Y) ---------------------------------------- PETITIONER: -------------------- N.K.RAJAKY, AGED 54 YEARS, W/O.O.B.RAVEENDRAN, AGRICULTURAL FIELD OFFICER, KRISHY BHAVAN, NORTH PARUR, (RESIDING AT OLIPARAMBIL HOUSE, ELAMKUNNAPUZHA POST, ERNAKULAM). BY ADV. SRI.T.M.RAMAN KARTHA RESPONDENTS: ------------------------ 1. THIRUVANANTHAPURAM DISTRICT CO.OPERATIVE BANK LTD., VARKALA MAIN BRANCH, THIRUVANANTHAPURAM REPRESENTED BY ITS MANAGER. 2. P.K.ROSHINI, BEENA NIVAS, MUNDAYIL, VARKALA. BY ADV. SRI.T.R.HARIKUMAR (SC T.D.CO-OP BANK) - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32543/2006 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETER DTD. 15/10/2004 ISSUED BY THE 1ST RESPONDENT. EXT.P2; COPY OF THE REQUISITION DTD. 20/07/2006 ISSUED BY THE 1ST RESPONDENT TO THE SUB TREASURY OFFICER, NORTH PARUR. EXT.P3: COPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT DTD. 24/07/06. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.32543 OF 2006 ---------------------------------------------------------------- Dated this the 11th day of July, 2008 J U D G M E N T This matter is coming up today as defective. But with the passage of time, it has become necessary to hear the learned counsel for the petitioner and counsel for the first respondent as to the status of the parties, available now. The petitioner has retired from service of the Government. She was a surety of the second respondent. Therefore, recovery under Section 37 of the Kerala Co-operative Societies Act, 1969 can be effected against the petitioner only to the extent of the terms of the agreement executed by her in that provision. With such clarification on record, no further orders called for. Hence, this writ petition is dismissed. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/21/7/08 // True copy // P.A. to Judge.