IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 2ND JULY 2008 / 11TH ASHADHA 1930 WP(C).No. 9294 of 2008(F) --------------------------------------- PETITIONER: -------------------- L.SASIKUMAR, KUTTICHIRA, ANEESH BHAVAN, POOVACHAL P.O., KATTAKKADA, TRIVANDRUM. BY ADV. SRI.M.R.SARIN PANICKER SRI.M.R.SASITH PANICKER RESPONDENTS: ------------------------- * 1. THE MANAGING DIRECTOR, KERALA TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM. 2. SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD., THIRUVANANTHAPURAM. 3. THE ASSISTANT TRANSPORT OFFICER, K.S.R.T.C., KATTAKKADA, ERNAKULAM. * ADDRESS OF R1 CORRECTED: *R1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, TRIVANDRUM. (ADDRESS OF R1 IS CORRECTED AS PER ORDER DTD.25/03/2008 IN I.A.NO.4232/08) BY SRI. JOHNSON P.JOHN, SC, KSRTC – R1 BY SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY- R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. ---------------------------------------------------------------- W.P.(C) NO.9294 OF 2008(F) ---------------------------------------------------------------- Dated this the 2nd day of July, 2008 J U D G M E N T Petitioner availed a loan on 12-3-1999 from the second respondent and defaulted repayment. There was default in repayment of yet another loan availed by him in January 2004. The second respondent's counter affidavit gives vivid details regarding the total outstandings. In view of the statements appended to that counter affidavit and having regard to the statement of the first respondent it is noticed that amounts were recovered by the first respondent, from the salary of the petitioner, but were not only remitted to the second respondent. In the aforesaid circumstances, this writ petition is ordered directing that the petitioner will be liable for the interest component on the recoverables due till the first respondent effected recovery invoking Section 37 of the Kerala Co-operative Societies Act, 1969. Further interest due on the remaining recoverables will be suffered by the first respondent. The accounts shall be settled so, however, that if recoveries were not W.P.(C) No.9294/08 - 2 - effected due to the insufficiency of funds, by way of salary, it would be treated as if no recovery could have been effected during that period and liability accrued. The petitioner would be liable to that extent. A statement as aforesaid shall be cast by the second respondent and communicated to the first respondent. The first respondent will act on this judgment and remit the entire outstandings within a period of one month from the date of receipt of such statement. The revenue recovery proceedings shall stand regulated accordingly. Sd/- THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/3-7-08 // True copy // P.A. to Judge.