IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 19452 of 2008(N) ---------------------------------------- PETITIONER(S): ------------------------- JOBY JOSE, S/O. C.A. JOSE, CHELLETU HOUSE, ERAVIPEROOR.P.O, THIRUVALLA. BY ADVS.MR.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENT(S): ------------------------- 1. BRANCH MANAGER, PATHANAMTHITTA DISTRICT CO-OP BANK LTD., KOZHENCHERRY BRANCH, PATHANAMTHITTA. 2. PRINCIPAL, COLLEGE OF ENGINEER, IHRD, KALLOOPPARA. 3. T.C. KURIAKOSE, THENGELIMANNIL HOUSE, ERAVIPEROOR.P.O, THIRUVALLA (TELECOM MECHANIC, BSNL, KOZHENCHERRY). 4. K.N. GOPALAKRISHNAN, TELECOM MECHANIC, BSNL, KOZHENCHERY. 5. PATHANAMTHITTA DISTRICT CO-OPERATIVE BANK LTDE., P.O. BOX NO. 45, H.O PATHANAMTHITTA 689 645, REP. BY ITS GENERAL MANAGER. 6. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMHTHITTA. W.P.(C) NO.19452/2008 ADDL. R7 IS IMPLEADED 7. SUB DIVISIONAL ENGINEER(PHONES), BSNL, KOZHENCHERRY. IS IMPELADED AS PER ORDER IN IA. 9361/08 DT. 25.8.01. BY MR.P.C.SASIDHARA, SC FOR R1 & R2 BY MR.N.N.SUGUNAPALAN, (SR. ADVOCATE)SC, IHRDE FOR R2 MR.S.SUJIN, SC, IHRD FOR R2 MR.V.PHILIP MATHEW FOR ADDL.R7. BY GOVT. PLEADER MR.MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.19452/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE REQUISITION DT. 19.6.07 ISSUED BY RESPONDENT NO.1 SEEKING RECOVERY FROM THE SALAR DUE TO THE PETITIONER AT THE RATE OF RS. 2000/- PER MENSUM. P2:- COPY OF THE RECEIPT DT. 16.8.07 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P2(a):- COPY OF THE RECEIPT DT. 26.9.07 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P2(b):- COPY OF THE RECEIPT DT. 25.10.07 EVIDENCING THE RECOVERY & REMITTANCE MADE BY RESPONDENT NO.2. P2(c):- COPY OF THE RECEIPT DT. 7.11.07 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P2(d):- COPY OF THE RECEIPT DT. 22.12.07 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P2(e):- COPY OF THE RECEIPT DT. 23.1.08 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P29f):- COPY OF THE RECEIPT DT. 14.2.08 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P2(g):- COPY OF THE RECEIPT DT. 19.3.08 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P2(h):- COPY OF THE RECEIPT DT. 9.4.08 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P2(i):- COPY OF THE RECEIPT DT. 5.5.08 EVIDENCING THE RECOVERY AND REMITTANCE MADE BY RESPONDENT NO.2. P3:- COPY OF THE EMPLOYMENT CERTIFICATE DT. 6.10.04. P4:- COPY OF THE REQUISITION MADE BY RESPONDENT NO.1 TO RESPONDENT NO.2 DT. 28.5.08. P5:- COPY OF THE REPRESENTATION DT. 6.6.08 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NOS. 1,5 AND 5. P6:- COPY OF THE ACOMMUNICATION DT. 30.6.08 ISSUED BY RESPONDENT NO.5. P7:- COPY OF THE APPLICATION FOR CONSUMPTION LOAN SUBMITTED BY RESPONDENT NO.3. W.P.(C) NO.19452/2008 P8:- COPY OF THE EMPLOYMENT CERTIFICATE SUBMITTED BY RESPONDENTNO.3. P9:- COPY OF THE EMPLOYMENT CERTIFICATE SUBMITTED BY RESPONDENT NO.4. P10:- COPY OF THE REQUISITIONS DT. 19.6.07 ISSUED BY RESPONDENT NO.1 UNER SECTION 37(2) OF THE KCS ACT, 1969 IN RESPECT OF RESPONDENT NO.3. P11:- COPY OF THE REQUISITIONS DT. 19.6.07 ISSUED BY RESPONDENT NO.1 UNDER SECTION 37(2) OF THE KCS ACT, 1969 IN RESPECT OF RESPONDENT NO.4. TRUE COPY P.A. TO JUDGE TSS ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19452 of 2008 --------------------------------- Dated, this the 23rd day of June, 2009 J U D G M E N T The writ petition was filed, when revenue recovery proceedings were initiated against the petitioner by Ext.P4. 2. It is now pointed out by the learned counsel for the petitioner that the additional 7th respondent has remitted the entire amount and that the liability itself has been discharged. It is submitted that in view of this, further recovery in pursuance to Ext.P4 cannot be continued. 3. Taking into account the above, this writ petition is disposed of clarifying that if as stated by the petitioner, liability has been fully discharged, further recovery in pursuance to Ext.P4 shall not be continued against the petitioner. 4. The petitioner shall produce a copy of this judgment before the 1st respondent for compliance. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg