IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 13603 of 2010(A) -------------------------------------- PETITIONER: ------------------- P.NARAYANAN, S/O.DAMODARAN, AGED 58 YEARS, PULIKKAL HOUSE, P.O.NALLALAM, CALICUT DISTRICT. BY ADV. SRI.SUNNY MATHEW. RESPONDENTS: ------------------------ 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23, REP. BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE. 5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OP. SOCIETY LTD. NO. T.133, THAMPANOOR, THIRUVANANTHAPURAM. W.P.(C). NO.13603/2009: 6. THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), THIRUVANANTHAPURAM. R1 TO R4 BY SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC, R5 BY ADV. SRI.N.UNNIKRISHNAN, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13603/2010-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT TRANSPORT OFFICER, KOZHIKODE. EXT.P.2: COPY OF THE JUDGMENT IN W.P.(C).9427/08 PASSED BY THIS HONOURABLE COURT. RESPONDENTS' EXHIBIT: EXT.R5.A: COPY OF THE STATEMENT SHOWING RECOVERY POSITION. //TRUE COPY// P.S. TO JUDGE. Prv. K.SURENDRA MOHAN, J. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.P.(C) No. 13603 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 4th day of August, 2010 JUDGMENT The petitioner, an employee of the first respondent, availed a loan of Rs.30,000/- from the fifth respondent society. The entire loan amount with interest was being deducted from the salary of the petitioner by the first respondent, as evidenced by Ext.P1. However, the first respondent did not make full payment of the amount so deducted, to the fifth respondent. Therefore, for the delay in making the remittance, the fifth respondent demanded interest. The interest has also been paid by the petitioner. The amount thus paid by the petitioner works out to Rs.11,499/-. As per section 37 of the Kerala Co-operative Societies Act, the first respondent is bound to remit the amount deducted from the salary of the petitioner as stated above, within a period of seven days from the date of deduction. This was not done. Therefore, the first respondent is liable to pay the interest for the delayed W.P.(C) No. 13603/2010 2 payment. As the said amount has already been paid by the petitioner, the petitioner is entitled to be refunded the same by the first respondent. 2. In view of the above, this writ petition is disposed of directing the first respondent to pay to the petitioner an amount of Rs.11,499/- within a period of one month from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE. mn.