IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 30093 of 2006(G) --------------------------------------- PETITIONER: ------------------- P. BABU, S/O. PONNAN, BLOCK NO.10, JAWAHAR COLONY, PALODE. BY ADV. SRI.D.KISHORE. RESPONDENTS: ----------------------- 1. THE KERALA STATE CO-OPERATIVE BANK LTD., PEROORKADA BRANCH, LAW ACADEMY CAMPUS, PEROORKADA, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER. 2. THE DISTRICT MEDICAL OFFICER, DIRECTORATE OF HEALTH, GENERAL HOSPITAL, THIRUVANANTHAPURAM. 3. THE LAY SECRETARY, GOVERNMENT HOSPITAL, PEROORKADA, THIRUVANANTHAPURAM. 4. THE TREASURY OFFICER, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. 5. THANKAMMA, W/O.LATE C. THANKAPPAN, SHEEJA BHAVAN, PALODE KUNNUMPURAM, KARIMANCODE P.O., NEDUMANGAD-695 562, 6. SHEEJA, D/O.THANKAMMA, SHEEJA BHAVAN, PALODE KUNNUMPURAM, KARIMANCODE P.O., NEDUMANGADU-695 562. 7. SHEEBA, D/O.THANKAMMA, SHEEJA BHAVAN, PALODE KUNNUMPURAM, KARIMANCODE P.O., NEDUMANGADU-695 562. 8. THE REGISTRAR, TROPICAL BOTANIC GARDEN & RESEARCH INSTITUTE, PALODE, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. NOBLE MATHEW, ADV. SRI.T.R.HARIKUMAR, ADV. SRI.T.A.UNNIKRISHNAN, ADV. SRI.K.SATHEESH KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.30093/2006-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOTICE DTD. 15/09/2004 ISSUED BY THE R.1. EXT.P.2: COPY OF THE INTIMATION DTD. 20/10/2005 ISSUED BY THE R.1. EXT.P.3: COPY OF THE REPRESENTATION DTD. 26/10/2005 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.4: COPY OF THE REPRESENTATION DTD. 26/10/2005 SUBMITTED BY THE PETITIONER BEFORE THE R.3. EXT.P.5: COPY OF THE REPRESENTATION DTD. NIL SUBMITTED BY THE PETITIONER BEFORE THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. KURIAN JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P(C).No. 30093 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of September, 2008 JUDGMENT This Writ Petition is filed with the following prayer: “i) issue a writ of mandamus or any other appropriate writ, direction 2 to 4 to disburse the terminal benefits of late C. Thankappan, Hospital Attender, Government Hospital, Peroorkada(borrower) to respondents 5 to 7 only after deducting the amount covered by Ext.P1 with arrears as on date from the benefits.” In case there is an undertaking by the loanee for enabling recovery from DCRG, respondents 1 to 4 are bound by the agreement. There will be a direction to the 2nd respondent to verify the agreements executed by the loanee with notice to the petitioner, 1st respondent and respondents 5 to 7, within a period of four months from the date of receipt of a copy of this judgment. The interim order passed by this Court will continue till such time. (KURIAN JOSEPH, JUDGE) ttb