IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 WP(C).No. 21831 of 2004(Y) --------------------------------------- PETITIONERS: --------------------- 1. M.KRISHNANKUTTY, AGED 56 YEARS, S/O.P.VELU, KOOTHAKUZHIYIL HOUSE, P.O.KUNNAMANGALAM, KOZHIKODE. 2. M.NARAYANAN, AGED 55 YEARS, S/O.RAMAN, NAMBOODIRIPARAMBIL HOUSE, P.O.KUTHIRAVATTOM, KOZHIKODE-16. 3. M.BALAKRISHNAN, AGED 56 YEARS, S/O.GOVINDAN, MANTHRAVIL HOUSE, MALAPARAMBA, KOZHIKODE. BY ADV. MR.SIVAN MADATHIL. RESPONDENTS: ------------------------ 1. K.S.T.WORKERS CO-OP.SOCIETY, T.133, THAMPANOOR, TRIVANDRUM, REPRESENTED BY ITS SECRETARY. 2. KERALA STATE ROAD TRANSPORT CORPORATION, TRIVANDRUM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, DEPOT, KOZHIKODE. R1 BY ADV. MR.N.UNNIKRISHNAN, R2 & R3 M.R. K. PRABHAKARAN, SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21831/2004-Y: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DT. 06/04/04. EXT.P.2: COPY OF THE CERTIFICATE DTD. 05/04/2004. EXT.P.3: COPY OF THE CERTIFICATE DTD. 20/03/2004. EXT.P.4: COPY OF THE CERTIFICATE DTD. 18/06/2004. EXT.P.5: COPY OF THE REPRESENTATION DTD. 11/05/2004. EXT.P.6: COPY OF THE LETTER DTD. 21/06/2004. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE STATEMENT OF RECOVERY POSITIONS OF THE PETITIONERS IN W.P.(C).NO.21831/04. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.21831 of 2004-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of June, 2009. JUDGMENT Petitioners were employees of KSRTC. They availed loans from the first respondent, a co-operative society. Recoveries were made from them. However, they did not remit the entire amounts. Referring to Ext.R1(A), the first respondent states that though no amount is due from the second petitioner, the first petitioner has to pay an amount of Rs.13,288/- and the third petitioner has to pay a sum of Rs.15,494/- and Rs.2,381/-. Taking that into consideration, it is ordered that the recovery proceedings against the second petitioner will stand dropped, however that, petitioners 1 and 3 will pay the aforesaid amounts with accruals thereon in accordance with law to satisfy the demand. The recovery to that extent is sustained. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/300609