IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 WP(C).No. 29007 of 2011(A) -------------------------------------- PETITIONER: ------------------- GLORY JOSELET, W/O.T. RAJAN, AGED 48 YEARS, RAJBHAVAN, NELLIMOODU, THIRUVANANTHAPURAM-695 524. BY ADV. SRI.S.MOHAMMED AL RAFI. RESPONDENTS: ------------------------ 1. THE NELLIMOODU SERVICE CO-OPERATIVE BANK LTD. NO.2639, REPRESENTED BY SECRETARY, NELLIMOODU P.O., THIRUVANANTHAPURAM-695 524. 2. ASSISTANT DIVISION OFFICER, FIRE AND RESCUE OFFICE, CHENKAL COOLA, THIRUVANANTHAPURAM-695 001. 3. STATION OFFICER, FIRE AND RESCUE SERVICE, VIZHINJAN, VIZHINJAM P.O., THIRUVANANTHAPURAM - 695 521. R2 & R3 BY GOVT. PLEADER SRI. G. GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.29007/2011-A: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE NOTICE NO.761/11 DATED 19/10/2011 ISSUED BY THE 1ST RESPONDENT. EXT.P2: TRUE COPY OF THE NOTICE NO.762/11 DATED 19/10/2011 ISSUED BY THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 29007 OF 2011 -------------------------- Dated this the 2nd day of November, 2011 J U D G M E N T Exts.P1 and P2, which are requisitions issued by the Secretary of the first respondent society to the Controlling Officers of two sureties to a loan availed by the petitioner under section 37 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act' for short) calling upon them to recover from each of the sureties the sum of Rs.5,000/- per mensem are under challenge in this writ petition. The petitioner is the principal debtor. Exts.P1 and P2 notices were issued when the petitioner defaulted repayment of the loan. As the petitioner is admittedly in default, the first respondent society was well within its rights to proceed against the sureties under section 37 of the Act. The petitioner who has admittedly committed default cannot be heard to contend that the sureties should not be proceeded with and she should be given an opportunity to pay the amount due in 12 instalments. In my opinion, the petitioner has no locus standi to challenge Exts.P1 and P2. If at all anyone can be said to be aggrieved, it is the sureties. They are not WPC No.29007/2011 2 parties to this proceedings. I therefore find no grounds to entertain the writ petition. If the petitioner was concerned with the welfare of the sureties, she should have repaid the loan in full even before steps were taken by the creditor society to proceed against the sureties. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps