IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 23643 of 2009(A) -------------------------- PETITIONER(S): --------------- 1. S.THANKAYYAN, VISHAKH, KALLIYOOR PO, THIRUVANANTHAPURAM 695 042. 2. SARALA THANKAYYAN D, VISHAKH, KALLIYAR PO, THIRUVANANTHAPURAM. 695 042 BY ADV. SRI.VELLAYANI SUNDARARAJU SRI.P.MEENAKUMARI RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION (KSRTC), REP.BY ITS MANANING DIRECTOR, THIRUVANANTHAPURAM. 2. CAN FIN HOME LTD(CFHL) REP.BY ITS AUTHORISED OFFICER, BRANCH OFFICE NO.28/2452, GROUND FLOOR, M.G.ROAD, THIRUVANANTHAPURAM. SRI.JOHNSON P. JOHN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ```````````````````````````````````````````````````` W.P(C) No. 23643 OF 2009 A ```````````````````````````````````````````````````` Dated this the 25th day of August, 2009 J U D G M E N T The petitioners are debtors of the 2nd respondent. The 1st petitioner is a former employee of the KSRTC. He prays that out of turn disbursement of DCRG and commuted value of pension may be ordered, since the petitioners face distress action and likelihood of the dispossession of their residential building, in exercise of the authority under section 14 of the SARFAESI Act. Taking into consideration the materials on record, I am satisfied that the petitioners have demonstrated sufficient grounds for out of turn disbursement of the DCRG and commuted value of pension due to the 1st petitioner. In the result, this writ petition is allowed ordering that the DCRG and commuted value of pension due to the 1st petitioner shall be released by the 1st respondent, within a period of four weeks from now. Sd/- (THOTTATHIL B. RADHAKRISHNAN, JUDGE) aks // True Copy // P.A. to Judge