IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 23885 of 2007(R) ------------------------------------- PETITIONER: ----------------- ERNAKULAM RISKHA THOZHILALI CO-OPERATIVE SOCIETY LTD.NO.E.110, C.S.ROAD, KOCHI-682 011 REP. BY SECRETARY, MR.ROOSEVELT. BY ADV. SRI.R.ANILKUMAR RESPONDENTS: ----------------------- 1. K.GIREESAN, S/O.KARUNAKARAN, CLERICAL ATTENDER, SALES TAX OFFICE-IST CIRCLE, TRIPUNITHURA. 2. SALES TAX OFFICER, IST CIRCLE, TRIPUNITHURA. 3. STATE OF KERALA, REP. BY SECRETARY, TAXES DEPT., SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.S.RADHAKRISHNAN R2 AND R3 BY GOVT. PLEADER SMT. M.K.PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 23885/2007 R APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE AGREEMENT DT. 12/12/00. EXT.P2. COPY OF THE DEMAND NOTICE IN FORM NO.9 AS PER RULE 52(2) OF KERALA CO-OP SOCIEITES ACT DT. 18/3/2005. EXT.P3. COPY OF THE REMINDER DT. 13/5/2005. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23885 OF 2007 ------------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Petitioner, a co-operative society, extended loan to one K.Gireesan to buy an autorikshaw. The first respondent was a surety. On default, the petitioner invoked Section 37 (2) of the Kerala Co-operative Societies Act, 1969, on the strength of the agreement executed by the first respondent under Section 37 (1). The second respondent has failed to honour the request of the petitioner and hence, this writ petition. 2. Not much needs to be stated of the statutory obligation of an official who gets a request under Section 37 (2). However, learned counsel for the first respondent submits that the said surety and the principal had cleared off some of the amounts and now, the outstandings would be only around Rs.25,000/- and that the same could also be liquidated within a short time. This is recorded. WPC.23885/07 2 In the result, the writ petition is disposed of directing that if the entire outstandings due to the Bank is not paid off within a period of two months from now, the second respondent shall take appropriate action to enforce recovery from the first respondent and pay the amount to the petitioner, in accordance with law. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.