IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 WP(C).No. 8351 of 2009(L) ------------------------------------- PETITIONER(S): ------------------------ V.DAMODARAN, VADAKKATHIL VEEDU, POST KIZHAKOTH VAZHY, KODUVALLY, KOZHIKODE. BY ADV. SMT.K.R.DEEPA RESPONDENT(S): --------------------------- 1. THE KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LTD. NO. T. 133, THIRUVANANTHAPURAM, S.S.KOVIL ROAD, THAMBANNOOR, THIRUVANANTHAPURAM-695 001. 2. KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 3. SMT.SAJINA, W/O.LATE P.RAJAN, PANDARAPPARATH VEEDU, PANMAKARA P.O., KALLAYI, KOZHIKODE DISTRICT. R1 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY R2 BY ADV.SRI.BABU JOSEPH KURUVATHAZHA,SC,KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.8351/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE NOTICE DATED 3/2/2009. RESPONDENT'S EXHIBITS: R1(A) COPY OF THE STATEMENT OF RECOVERY POSITION OF LOAN AVAILED BY THE PETITIONER IN WP(C)NO.8351/09. R1(B) COPY OF THE INTERIM ORDER IN WP(C)NO.8351/09 DATED 27/3/2009. /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. ---------------------------------------------- WP (C) No. 8351 of 2009 ----------------------------------------------- Dated this the 16th day of December, 2011 JUDGMENT The petitioner, a former employee of the Kerala State Road Transport Corporation has filed this writ petition challenging Ext.P1 notice issued on the instructions of the first respondent society whereby he was called upon to remit the sum of Rs.12,666/- within 15 days from the date of receipt of the notice. It is stated that the said amount was realized from the principal debtor himself by deductions from his salary, but the Kerala State Road Transport Corporation did not pay over the amount realized from the principal debtor to the first respondent society in time. When the writ petition came up for hearing on 23.7.2009 taking note of these facts, this Court directed the Kerala State Road Transport Corporation to pay over the sum of Rs.12,666/- to the first respondent society. The said payment was made. The demand in Ext.P1 therefore stands satisfied. The learned counsel appearing for first respondent society submitted that in view of the fact that the amount claimed Ext.P1 has already been WP(C)No.8351 of 2009 -2- received from the Kerala State Road Transport Corporation the first respondent society has no claim in respect of the amount referred to therein. The said submission is recorded and writ petition is closed as infructuous. Sd/- P.N.RAVINDRAN, JUDGE. Rkc //true copy// PA to Judge.