IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 37237 of 2007(G) -------------------------------------- PETITIONER(S): ---------------------- A. JAYAPALAN S/O. GEORGE, MAZDOOR, K.S.R.T.C REGIONAL ENGINEERING WORKSHOP, ALUVA. BY ADV. MR.JOHN JOSEPH(ROY) RESPONDENT(S): ------------------------ 1. KERALA ROAD TRANSPORT CORPORATION REPRESENTED BY THE MANAGING DIRECTOR TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE REGIONAL ENGINEER K.S.R.T.C. REGIONAL ENGINEERING WORKSHOP THAIKKATTUKARA, ALUVA. 3. THE SPECIAL DEPUTY TAHSILDAR (R.R.) K.S.F.E. LTD., REGIONAL OFFICE STATUE, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.JOHNSON P.JOHN, SC, KSRTC. R3 BY ADV. MR.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 37237/2007-G APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE STATEMENT OF RECOVERY OF SALARY ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH OF NOVEMBER 2007. EXT.P3: COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 31/10/2007. EXT.P4: COPY OF THE PETITION SUBMITTED BEFORE THE REGIONAL ENGINEER, K.S.R.T.C. REGIONAL WORKSHOP ALUVA DATED 07/12/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. ANTONY DOMINIC,J. --------------------- W.P.(C).No.37237 OF 2007 ------------------------ Dated this the 23rd day of September, 2009. JUDGMENT Petitioner is employed as a Mazdoor under the first respondent. It is stated that, in 2001 he availed of a hire purchase loan from the Kerala State Financial Enterprises, for the purchase of a T.V. set with hire purchase agreement No.878/01. According to the petitioner, out of the total price of Rs.16,330/-, he paid an amount of Rs.3,833/- and the balance was availed of as a hire purchase loan. 2. Petitioner submits that after payment of three instalments, on account of successive transfers, default was committed and that lead to initiation of revenue recovery proceedings by the 3rd respondent. Thereupon, as is evident from Ext.P1 certificate recovery was effected till it was stopped in September, 2006 after realizing an amount of Rs.18,136/-. Thereafter, again in November, 2006 further amount of Rs.2007/- was recovered . WP(c).No.37237/07 2 3. While the petitioner was thus resting assured that the amount was recovered in full, Ext.P3 was issued, for further recovery. It was thereupon that the petitioner came to know that his liability was not fully discharged. According to the petitioner further recovery was proposed to be continued as per Ext.P3 for the reason that though the KSRTC authorities had recovered the entire amount due, the amount was not remitted to the 3rd respondent in time and as a result of which the interest continued to accrue. This is stated to be the reason for issuing Ext.P3. 4. Although this writ petition was admitted as early as on 17.12.2007, with an order of stay of further recovery from the petitioner's salary, so far the KSRTC has not filed any counter affidavit. On the circumstances, I have to accept the uncontroverted contention of the petitioner that, it was on account of the delay on the part of the KSRTC the liability of the petitioner was not fully undischarged. If so, the petitioner cannot be exposed to any further recovery proceedings in pursuance to Ext.P3. Accordingly, Ext.P3 will stand set aside. However, it is made clear that if any amount due towards the loan account of the petitioner referred to above, it will be open to the 3rd respondent to recover the same in accordance with law from respondents 1 and 2. WP(c).No.37237/07 3 Writ petition is disposed of as above. vi (ANTONY DOMINIC) JUDGE vi/