IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 2685 of 2008(T) ------------------------- PETITIONER: ------------ N.VIJAYAN, S/O.NANU, AGED 47 YEARS, MANATHUVILAYIL, VADAKKETHAARAYIL, ERAZHA THEKKU, CHETTIKULANGARA, MAVELIKARA MECHANIC, ATO, KSRTC, MAVELIKKARA. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENTS: ------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, TRIVANDRUM. 2. ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MAVELIKARA. 3. KERALA STATE TRANSPORT WORKERS'S CO-OPERATIVE SOCIETY LTD. NO.T-133, THAMPANOOR, THIRUVANANTHAPURAM 1 REPRESENTED BY ITS SECRETARY. 4. N.KRISHNAKUMARI AMMA, AYYAPPA BHAVANAM, ERAZHA SOUTH, CHETTIKULANGARA P.O., MAVELIKARA. R1 & R2 BY ADV.SRI.JOHNSON P.JOHN. R3 BY ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIETY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.2685 of 2008-T = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. JUDGMENT 1.The fourth respondent availed a loan from the third respondent. Respondents 1 and 2 were authorised to effect recovery in terms of Section 37 of the Kerala Co-operative Societies Act. The petitioner is a surety to that transaction, who has also entered into an agreement under Section 37 of the Act. 2.On instructions, the learned counsel for the third respondent society submits that the society has, as of now, given certain concessions on the basis of some of the circulars issued by the Registrar of Co-operative Societies and the entire outstandings, as of now, would work out to around Rs.2,000/- and odd and even after this writ petition was filed, certain recoveries have been effected. If that be so, with the remaining WP(C)2685/2008 -: 2 :- amounts being paid either by the fourth respondent or the petitioner, recovery proceedings against the petitioner would stand dropped. 3.That apart, the first respondent is duty bound to give credit to the entire amounts recovered from either the petitioner or the fourth respondent to the third respondent. These amounts should also include interest payable following the judgment of this Court in W.A.No.2060/2006. 4.For the foregoing reasons, while recovery from the petitioner would be regulated by what is stated above, the Kerala State Road Transport Corporation will pour all the aforesaid amounts into the credit of the third respondent within a period of two months from now. The writ petition is disposed of accordingly. THOTTATHIL B. RADHAKRISHNAN, Sha/ JUDGE.