IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 32690 of 2009(E) -------------------------- PETITIONER(S): --------------- KANNAMMA, AGED 55 YEARS,W/O.LATE PALANI K.PALANI, H.NO.15/1732,RAMESWARAM HOUSING BOARD COLONY, NAZRATH,KOCHI. BY ADV. SRI.A.X.VARGHESE SRI.A.V.JOJO RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY,LOCAL SELF GOVERNMENT, THIRUVANANTHAPURAM. 2. THE SECRETARY, CORPORATION OF KOCHI,ERNAKULAM. 3. THE DIRECTOR, MUNICIPAL ADMINISTRATION,THIRUVANANTHAPURAM. 4. THE ASSISTANT HEALTH OFFICER, CORPORATION OF KOCHI,ZONAL OFFICE, MATTANCHERY. 5. THE DISTRICT MANAGER, MATSYAFED,ERNAKULAM DISTRICT OFFICE, THOPPUMPADY,KOCHI. 6. PRADEEP THOMAS, VADAKKEVEETTIL,FISHERMEN COLONY, BEACH ROAD,FORTKOCHI,KOCHI-I. ADV. SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED FOR R5 GOVERNMENT PLEADER SRI. ANTONY MUKKATH FOR R1,3 SC FOR CORPORATION SRI. S.RAMESHBABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the identity card of the petitioner's husband Ext.P2. True copy of the intimation letter dated 5.3.2005. Ext.P3. True copy of the death certificate dated 5.5.2006 Ext.P4. True copy of the letter dated 12.1.2006 addressed to the 4th respondent. Ext.P5. True copy of the letter dated 21.2.2006. Ext.P6. True copy of the statement issued by the 5th respondent. // true copy// P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 32690 OF 2009(E) -------------------------------------------------- Dated this the 6th day of August, 2010 J U D G M E N T Petitioner is the wife of late Palani K. Palani. It is stated that the deceased was a surety for a loan availed of by the 6th respondent, and had executed an agreement agreeing for recovery from the salary. Complaint of the petitioner is that after the death of her husband, 5th respondent is continuing steps to realize the amounts due from the principal debtor, from the DCRG that is due to the petitioner. 2. In the context of the Kerala Co-operative Societies Act, a Division Bench of this court in Surendran V. Mavelikara Primary Co- op. Agrl. & R.D. Bank Ltd.,(2005(4)KLT 619) held that if the agreement is only recovery from the salary, recovery cannot be made from the DCRG. If this principle is applied to the facts of this case, the 5th respondent cannot effect recovery from the DCRG due, on account of death of the employee and payable to the petitioner. Therefore the petitioner is entitled to succeed on this ground. WPC.No. 32690/09 :2 : 3. Writ Petition will therefore disposed of restraining the 5th respondent from recovering any amount due from the deceased husband of the petitioner out of the DCRG that is due to the petitioner. Consequently, the respondents will disburse the DCRG due to the petitioner without effecting any recovery. Writ Petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/