IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 11TH MARCH 2008 / 21ST PHALGUNA 1929 WP(C).No. 30954 of 2007(I) --------------------------------------- PETITIONER: ------------------- P.I.JOY, AGED 50 YEARS, S/O.LATE P.J.ISSAC, PULIVELIL HOUSE, KONTHURITHY ROAD, THEVARA, KOCHI - 13. NOW WORKING AS H.S.A. ST.THERESA'S HIGH SCHOOL, MANAPURAM, AROOR, CHERTHALA. BY ADV. SRI.GEORGE MATHEW RESPONDENTS: ------------------------ 1. DIRECTOR HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 2. BRANCH MANAGER, THE ALAPPUZHA DISTRICT CO-OPERATIVE BANK LTD., AROOR BRANCH. 3. HEAD MASTER, ST.THERESA'S HIGH SCHOOL, MANAPURAM, CHERTHALA. 4. LATHIKA E.K., W/O.MRUTHUNJAYAN, C/O.SATHEESHKUMAR, VIDYODAYA STUDY CENTRE, AROOR P.O. R1 BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA R2 BY SRI.V.G.ARUN,SC,ALAPPUZHA DIST.CO.OP.BANK LTD. SRI.K.R.KURUP R4 BY ADV. SRI.C.R.VINOD KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30954/2007 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DTD. 22/09/07 ISSUED BY THE 3RD RESPONDENT. EXT.P2: COPY OF THE ORDER DTD. 03/04/07 IN WP(C) NO. 21917/06(H). /TRUE COPY/ P.A.TO JUDGE Kss THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.30954 OF 2007 ------------------------------------------- Dated this the 11th day of March, 2008 JUDGMENT Heard learned counsel for the petitioner, learned counsel for the 4th respondent as also learned counsel for the second respondent Bank. 2. As submitted on behalf of the Bank, the 4th respondent availed a loan from it. Her late husband Mruthunjayan and the petitioner were sureties. 3. This writ petition is filed on the allegation that late Mruthunjayan was the principal debtor and therefore, the recoveries may be ordered to be first against his terminal benefits. This obviously cannot stand, because, the petitioner does not even hold out a case that late Mruthunjayan had executed any agreement under Section 37 of the Kerala Co- operative Societies Act, 1969 for recovery from terminal benefits WPC.30954/07 Page numbers also. While the petitioner may have the legal entitlement to be reimbursed, he cannot prevent proceedings against him for recovery, but could only, at the most, insist that there shall be recovery against all persons who have executed Section 37 agreements. In the result, this writ petition is disposed of directing that all persons liable to be proceeded against under Section 37 shall be proceeded against in terms of the Rules. All further questions are left open. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.