IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 15TH JANUARY 2010 / 25TH POUSHA 1931 WP(C).No. 37635 of 2009(Y) --------------------------------------- PETITIONER(S): ---------------------- ANILKUMAR.S., ASWATHI, POKKEENI, VADAVANNUR P.O., PALAKKAD- 678 504. (HEAD CLERK, MUNSIFF COURT, OTTAPALAM). BY ADV. MR.PHILIP T.VARGHESE MR.THOMAS T.VARGHESE RESPONDENT(S): ------------------------- 1. MANNARKKAD TALUK GOVERNMENT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD.NO.P 630, MANNARKKAD P.O., PALAKKAD- 678 582, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, MANNARKKAD TALUK GOVERNMENT EMPLOYEES CO-OPERATIVE CREDIT SOCIETY LTD.NO.P 630, MANNARKKAD P.O., PALAKKAD- 678 582. R1 & R2 BY ADV. MR.RAJESH NAMBIAR . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 37635/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE RECEIPT ISSUED BY THE RESPONDENTS DATED 14/05/2008. EXT.P1(a): COPY OF THE RECEIPT ISSUED BY THE RESPONDENTS DATED 21/10/2008. EXT.P1(b): COPY OF THE RECEIPT ISSUED BY THE RESPONDENTS DATED 30/09/2009. EXT.P2: COPY OF THE REQUISITION ISSUED BY THE RESPONDENTS IN LOAN ACCOUNT NO.NALT 84 DATED 15/12/2009. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.37635 of 2009 ---------------------------- Dated 15th January, 2010 JUDGMENT Heard the learned counsel appearing on both sides. 2. The petitioner who is presently working as Head Clerk in the Munsiff's Court, Ottappalam had availed a loan from the first respondent bank on 31.3.2008. When the loan was not repaid in time and the instalments fell in arrears, the secretary of the first respondent bank issued Ext.P2 requisition under section 37(2) of the Co-operative Societies Act to the Munsiff of Ottappalam to recover the sum of Rs.3,57,000/= from the salary of the petitioner in 75 instalments of Rs.4,760/= each. This writ petition was thereupon filed challenging Ext.P2 and seeking a direction to the respondents to permit the petitioner to pay the arrears of instalments in four monthly instalments and to continue to pay the instalments without default. 3. Sri.Rajesh Nambiar, the learned counsel appearing for the respondents very fairly submitted that if the petitioner pays the entire arrears due up to 31.1.2010 either in lump or in instalments before 31.5.2010 and pays the instalments due from the month of February, 2010 regularly, without default, the bank will not enforce Ext.P2. In the light of the said submission, I dispose of this writ WP(C).No.37635/2009 2 petition with the following directions: i) The second respondent shall inform the petitioner in writing of the amount due from him as on 31.1.2010. This shall be done within two weeks from today. ii) The petitioner shall remit the amount thus due from him in lump or in instalments before 31.5.2010. The petitioner shall also simultaneously deposit the instalments payable by him from the month of February, 2010 onwards regularly. iii) In the event of the petitioner remitting the arrears due till 31.1.2010 within the time stipulated above, namely on or before 31.5.2010, the respondents shall withdraw Ext.P2 requisition. In order to enable the petitioner and respondents to act as directed above, the operation of Ext.P2 shall be kept in abeyance till 31.5.2010. It is clarified that if the petitioner makes default in complying with any of the above directions, it will be open to the respondents to initiate appropriate proceedings including attachment of salary of the petitioner to recover the money due from him. P.N.RAVINDRAN Judge TKS