IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 10525 of 2007(C) -------------------------- PETITIONER(S): --------------- VILAPPIL SERVICE CO-OPERATIVE BANK LTD, NO.2522,VILAPPIL SALA BRANCH,TRIVANDRUM, REPRESENTED BY ITS BRANCH MANAGER,RICHARDSON S. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): --------------- 1. THE DISTRICT TRANSPORT OFFICER, TRIVANDRUM. 2. R.RAMACHANDRAN,CONDUCTOR,DISTRICT TRANSPORT OFFICE,PIRAPPANCODE,TRIVANDRUM. 3. A.PAPPACHAN,CONDUCTOR,DISTRICT TRANSPORT OFFICE,PIRAPPANCODE,TRIVANDRUM. 4. S.RADHAKRISHNAN,CONDUCTOR,DISTRICT TRANSPORT OFFICE,PIRAPPANCODE,TRIVANDRUM. 5. J.JOSE,CONDUCTOR,DISTRICT TRANSPORT OFFICE,PIRAPPANCODE,TRIVANDRUM. ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 10525/2007 -------------------------------------------------------------------- EXT.P1 TRUE COPY OF SALARY CERTIFICATE OF R2. EXT.P2 DO. OF R3. EXT.P3 DO. OF R4. EXT.P4 DO. OF R5. EXT.P5 REQUISITION LETTER DT. 25-4-2001. EXT.P6 DO. DT. 25-4-2001. EXT.P7 DO. DT. 25-4-2001. EXT.P8 DO. DT. 25-4-2001. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 10525 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th November, 2009. J U D G M E N T The petitioner is a Co-operative Bank, who have advanced money to respondents 2 to 5. Respondents 2 to 5 have defaulted repayment of the loan amounts. As per the agreement executed by respondents 2 to 5 and the 1st respondent, the 1st respondent, who is the employer of respondents 2 to 5, had agreed to deduct amounts due from the salary of respondents 2 to 5 and pay the same to the petitioner-Bank in repayment of the loan amounts. Despite a request made by the petitioner to the 1st respondent, the 1st respondent is not deducting amounts from the salary of respondents 2 to 5 and paying the same to the petitioner, is the grievance of the petitioner in this writ petition. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writs, orders or directions commanding the first respondent to deduct the permissible amounts from the salary of the respondents 2 to 5 every month towards the dues in loan account No. OFL 179/1999 – 00 and pay the same to the petitioner/society forthwith; (ii) Declare that the non-performance of a statutory obligation under Section 37 of the Co-operative Societies Act on the part of the first respondent is illegal and warrants disciplinary action.” 2. Notice has been taken by special messenger to respondents 2 to 5. They have not cared to appear and contest the matter. In view of Section 37 of the Kerala Co-operative Societies Act and in view of the agreement executed by the respondents with the the petitioner- bank, the 1st respondent cannot deny the request of the petitioner to deduct amounts due from the salary of respondents 2 to 5 and pay it to the petitioner. Accordingly, I dispose of this writ petition with a direction to the W.P.C. No. 10525/07 -: 2 :- 1st respondent to deduct the permissible amounts from the salary of respondents 2 to 5 towards the dues as per loan account No. OFL 179/1999 – 00 and pay the same to the petitioner bank in accordance with the agreement executed by the respondents with the petitioner. Sd/- S. Siri Jagan, Judge. Tds/