IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 3147 of 2007(Y) ------------------------------------- PETITIONER: ------------------- VILAPPIL SERVICE CO-OPERATIVE BANK LTD.NO.2522, MAIN BRANCH PEYAD, TRIVANDRUM, REPRESENTED BY ITS BRANCH MANAGER, RICHARDSON.S. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------------- 1. THE SUB INSPECTOR OF POLICE, VILAPPIL SALA POLICE STATION, TRIVANDRUM. 2. J.SATHYADAS, S/O.JAYPPAN NADAR, THUNDUVILA VEEDU, NOOLIYADU, VILAPPIL, TRIVANDRUM. 3. THE COMMISSIONER OF POLICE, TRIVANDRUM. R1 & R3 BY GOVERNMENT PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3147/2007 Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALARY CERTIFICATE ISSUED BYTHE FIRST RESPONDENT TO THE PETITIONER BANK DTD. 14/03/1995. EXT.P2: COPY OF THE REQUISITION LETTER ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT DTD. 3/05/2001. /TRUE COPY/ P.S.TO JUDGE Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.3147 of 2007-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 14th day of January, 2008. JUDGMENT Ext.P1 contains a consent consistent with Section 37 of the Kerala Co-operative Societies Act for recovery from salary of the second respondent. The third respondent has filed a statement pointing out, among other things, that the second respondent was due to retire on 31-5-2007. Under such circumstances, Ext.P1 cannot be enforced as against the second respondent. This writ petition accordingly fails. The same is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/