IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 8398 of 2009(T) ------------------------- PETITIONER: --------------- T. SUDHA, W/O. LAKSHMANAN, LESHMANA NILAYAM, KOLIYOOR, MUTTACAUD.P.O, THIRUVANANTHAPURAM - 20. BY ADV. SRI.VELLAYANI SUNDARARAJU SMT.P.MEENAKUMARI SRI.K.J.VINCENT RESPONDENTS: --------------- 1. THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE BANK, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-O9PERATIVE SOCIETIES, CO-OPERATIVE SOCIETIES REGISTRAR'S OFFICE, THIRUVANANTHAPURAM. 3. THE BRANCH MANAGER, KERALA STATE CO-OPERATIVE BANK, KAITHAMUKKU BRANCH, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.M.MANOJ SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1,2,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8398/09 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF REPRESENTATION DT. 12.3.02 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P2. COPY OF REQUEST DT. 27.9.05 BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P3. COPY OF REPRESENTATION DT. 9.2.09 PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P4. COPY OF CIRCULAR NO.1/2009 DT. 8.1.2009 OF THE 2ND RESPONDENT EXT.P5. COPY OF CIRCULAR NO.5/2009 ISSUED BY THE 2ND RESPONDENT DT.29.1.2009 EXT.P6. COPY OF LETTER DT. 9.2.2009 OF THE 1ST RESPONDENT /TRUE COPY/ PA TO JUDGE P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 8398 OF 2009 -------------------------- Dated this the 31st day of January, 2011 J U D G M E N T This writ petition was admitted and an interim order was passed on 26.3.2009. On that day, the learned standing counsel took notice for respondents 1 and 3 and the learned Government Pleader took notice for the second respondent. 18 months have passed after the writ petition was admitted and an interim order of stay was granted though limited in operation for a period of four months. Till date, the respondents have not filed a counter affidavit. The learned standing counsel appearing for respondents 1 and 3 submitted that counter affidavit was not filed since this Court did not direct the respondents to file a counter affidavit. In my opinion, the stand taken by the learned standing counsel does not reflect the procedure prescribed in the rules. Under rule 153 of the Kerala High Court Rules, the counter affidavit has to be filed within three months of receipt of notice if the respondent is the Central or State Government and within one month in other cases, unless this Court otherwise directs. The direction contemplated is not as regards the filing of the counter affidavit but the time within which it has to be filed. In such circumstances, as the respondents have not filed counter affidavit it has to be presumed that the respondents are admitting the averments in the writ petition. I am therefore proceeding on the basis that the respondents are admitting the averments made by the petitioner in the writ petition. The petitioner has in WPC No.8398/09 2 the writ petition claimed that she is entitled to the benefits flowing from Exts.P4 and P5 circulars issued by the Registrar of Co-operative Societies and that she is willing to settle the dues by making lumpsum payment if she is given the benefits of Exts.P4 and P5 circulars. 2. As the respondents have not filed a counter affidavit disputing the entitlement of the petitioner for the benefits flowing from Exts.P4 and P5 circulars, I dispose of this writ petition with a direction to the respondents to extend to the petitioner the benefits flowing from Exts.P4 and P5 circulars and inform her in writing of the amount due from her as on 31.1.2011 within two weeks from today. The petitioner shall upon receipt of the said letter, pay the amount demanded in lump or in instalments within one month from the date of receipt of the said letter. If the petitioner does not make payment within the time stipulated above, it will be open to the respondents to take steps to sell the security and to recover the debt. P.N.RAVINDRAN, (JUDGE) vps WPC No.8398/09 3 WPC No.8398/09 4