IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12735 of 2008(N) -------------------------- PETITIONER: ------------ K.SUKUMARAN NAIR, S/O.KUTTAPPAN NAIR, AMBIYIL HOUSE, KUMARAPURAM P.O., HARIPPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.K.M.SOMASEKHARA PANICKER RESPONDENTS: ----------------- 1. THE SECRETARY, K.S.T.WORKERS CO-OP SOCIETY LTD.NO.T.133, THIRUVANANTHAPURAM. 2. THE SECRETARY, K.S.R.T.C.KAYAMKULAM DISTRICT EMPLOYEES CO-OP. SOCIETY LTD.NO.A.271, KAYAMKULAM. 3. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23 R1 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY. R3 BY STANDING COUNSEL SRI.K.PRABHAKARAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.12735 of 2008-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. JUDGMENT 1.Learned standing counsel takes notice for the first respondent and the learned standing counsel takes notice for the third respondent. Notice to the second respondent is dispensed with, having regard to the nature of the directions being issued hereunder with liberty to move for review of this judgment, if aggrieved. 2.The petitioner, an erstwhile employee of the third respondent had availed different facilities from respondents 1 and 2. He has, admittedly, committed huge defaults and is facing recovery. It is stated by the learned standing counsel for the first respondent that one of the sureties to the transaction had moved this Court and there is WP(C)12735/2008 -: 2 :- a direction that the entire amounts be recovered from the petitioner. 3.Though the petitioner is a defaulter, he seeks indulgence of respondents 1 and 2 on ground that there are reasons to be sympathetic towards him on account of his ill-health. Under such circumstances, respondents 1 and 2 will consider his representations and if any ameliorative benefit is found due, the same may be extended. Such decision shall be taken within an outer limit of one month from the date of receipt of a copy of this judgment, since the third respondent can retain the funds that may be due to the petitioner for being adjusted towards liability towards respondents 1 and 2 before the balance is released. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/110408