IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933 WP(C).No. 9529 of 2011(M) ------------------------- PETITIONER(S): --------------- ERNAKULAM RIKSHAW THOZHILALI, CO-OPERATIVE SOCIETY LTD., NO-E 110 C.S.ROAD, KOCHI -11, REP.BY SECRETARY ROOSEVELT BY ADV. SRI.R.ANILKUMAR RESPONDENT(S): --------------- 1. EXECUTIVE ENGINEER, IRRIGATION DIVISION KAKKANAD COLLECTORATE, PIN - 682030. 2. P.J.JACOB, 1ST GRADE DRAFTSMAN, OFFICE OF THE EXWECUTIVE ENGINEER, KAKKANAD, ERNAKULAM PIN - 682030. 3. K.B.SATHYASASEELAN M.NO.569, KALARIKKAL HOUSE, K.P. VALLON ROAD, KADAVANTHRA P.O., ERNAKULAM, PIN - 682020. 4. STATE OF KERALA, REP. SECRETARY, IRRIGATION DEPT. GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R4 BY GOVERNMENT PLEADER SRI.ANIL BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.9529 of 2011 ----------------------------------------- Dated this the 25th March, 2011 JUDGMENT The petitioner is a co-operative society registered under the Kerala Co-operative Societies Act. The 3rd respondent availed a loan from the petitioner society for purchasing an autorickshaw. The second respondent, a Government servant, was surety to the said loan transaction. It appears the second respondent had executed an agreement under rule 52 of the Kerala Co-operative Societies Rules, 1969 authorising the controlling officer to deduct the sum of Rs.1,800/- per mensem from his salary and to pay it over to the petitioner society. This writ petition is filed contending that notwithstanding the execution of such an agreement, the controlling officer, namely the first respondent herein, has not deducted the said sum of Rs,1,800/- per mensem from the salary of the second respondent and paid it over to the society. In this writ petition the petitioner seeks a direction to the first respondent to attach the salary of the second respondent in terms of Ext.P1 agreement to the tune of Rs.1,800/- per mensem and to pay over W.P(C) NO.9529/2011 -:2:- the amount thus realised to the society till the entire loan is discharged. 2. A Division Bench of this Court has in Chengamanad Service Co-operative Bank Ltd. v. Mohanan, 2009 (3) KLT 623, considered a similar claim and held that if the employer does not act as mandated under section 37(2) of the Act the remedy of the society is to take steps under section 94(5) read with section 75 of the Act against the employer or to move the Arbitrator under section 69 of the Act. In the light of the authoritative pronouncement of this Court on the point, I am of the opinion that the relief sought by the petitioner cannot be granted. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to proceed against the debtor/employer in accordance with the provisions of the Kerala Co-operative Societies Act, 1969. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.9529 of 2011 ---------------------------- JUDGMENT 25th March, 2011