IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 31778 of 2008(G) -------------------------- PETITIONER(S): --------------- JOSE.K.J., S/O.JOSEPH, AGED 58 YEARS BILL COLLECTOR, (RETIRED) KOTTAYAM DISTRICT CO-OPERATIVE BANK, KADUTHURUTHY BRANCH,KOTTAYAM RESIDING AT KURUPPUNATTU HOUSE, KURPUNTHARA, MANJOOR P.O.,KOTTAYAM DISTRICT 686 603. BY ADV. SMT.REKHA VASUDEVAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, (GENERAL) KOTTAYAM. 4. THE KOTTAYAM DISTRICT CO-OPERATIVE BANK LIMITED, REPRESENTED BY ITS GENERAL MANAGER DISTRICT CO-OPERATIVE BANK BUILDINGS, PB NO. 140 KOTTAYAM 686 001. R1 TO R3 BY GOVT. PLEADER SRI.I.V.PRAMOD R4 BY ADV.SRI.T.A.SHAJI, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.31778 OF 2008 ------------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT Petitioner states that he retired from the service of the 4th respondent as a Bill Collector and his retiral benefits were disbursed, however, that leave surrender amounts are still due. He states that he has been orally instructed by the officers of the bank that he was a surety for a facility availed from the bank by one Rajasekharan while he was employed in that establishment and that is why the leave surrender dues are not being released. In para 3 of the writ petition itself, the petitioner states that the said Rajasekharan was dismissed from service by 10 to 15 years back. Learned counsel for the bank is right in pointing out that the petitioner does not have a case that he has made any written request before the 4th respondent for release of any amount which he claims. That apart, even if the petitioner has any such claim, he can work out his remedies under the Kerala Co- operative Societies Act before having recourse to the extra ordinary jurisdiction of this Court under Article 226 of the WPC.31778/08 Page numbers Constitution of India. If the petitioner moves the 4th respondent with a request for release of any outstandings which he claims due to him, that will be considered appropriately and action taken by the 4th respondent expeditiously. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.