IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 WP(C).No. 10683 of 2010(I) ---------------------------------------- PETITIONER(S): ------------------------ MERCY ANTONY, TC 9/839, V.J.LANE, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM, (MEMBER NO.30471, THE VATTIYOORKAVU SERVICE CO-OPERATIVE BANK LTD., NO.1652). BY ADVS. SRI.B.S.SWATHY KUMAR, SMT.P.A.ANITHA. RESPONDENT(S): --------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 2. THE VATTIYOORKAVU SERVICE CO-OPERATIVE BANK LTD., NO.1652, VATTIYOORKAVU, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. 3. THE BRANCH MANAGER, THE VATTIYOORKAVU SERVICE CO-OPERATIVE BANK LTD., KODURGANOOR BRANCH, THIRUVANANTHAPURAM. 4. ANITHA S., KESAVAKRIPA, CHINIKKORAM, NETTAYAM, MANIKANDESWARAM P.O., THIRUVANANTHAPURAM, (MEMBER NO.31937, VATTIYOORKAVU SERVICE CO-OPERATIVE BANK LTD. NO.1652). R1 BY SR. GOVERNMENT PLEADER SRI. K.S. MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10683/2010 I APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE LOAN APPLICATION NO.KBBL/47/2000-2001 OF SMT. S.ANITHA. P2: COPY OF THE RELEVANT PAGE OF THE LOAN ACCOUNT REGISTER IN RESPECT OF LOAN NO.BOL/47/00-01. P3: COPY OF THE RELEVANT PAGE OF THE LOAN REPAYMENT REGISTER OF THE 2ND RESPONDENT. P4: COPY OF THE REPLY GIVEN BY THE BANK DTD. 15/04/08 TO THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT. P5: COPY OF THE REQUISITION LETTER DTD. 22/02/08 SENT TO THE III FOR WOMENS, KAZHAKOOTAM BY THE BANK. P6: COPY OF THE REPRESENTATION DTD. 27/04/09 SUBMITTED BEFORE THE 2ND RESPONDENT. P7: COIPY OF THE RECEIPT ISSUED BY THE 3RD RESPONDENT DTD.4/3/2010. P8: COPY OF REPRESENTATION TD. 27/04/09 SUBMITTED BEFORE THE 1ST RESPONDENT. P9: COPY OF THE COMMUNICATION NO.T.H.Y.D/1084/09 DTD. 15/10/09 ISSUED BY THE ASST.REGISTRAR (GEN) OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 10683 OF 2010 I ----------------------------------------------------------- Dated this the 2nd August, 2010. JUDGMENT The petitioner was the surety for a loan of Rs.25,000/- that was granted to the fourth respondent by the second respondent bank. The fourth respondent committed default in repayment of the loan amount and it appears that no payment has been made since the year 2002. As per Ext.P5, action was initiated against the petitioner for recovery of the amounts due by making deductions at the rate of Rs.1,000/- per month from her salary. The deductions continued till March 2010. However, the petitioner alleges that no action was taken against the fourth respondent for recovering amounts due from her. Though the petitioner has submitted representations to the second respondent as well as to the first respondent, she complains that no action has been taken on her representations till date. According to the petitioner, the impugned action of the second respondent in initiating action for recovery against the petitioner without initiating any such action against the fourth respondent is absolutely unjustified. It is also contended that the fourth respondent is possessed of sufficient assets and sources of income to discharge the liability. Therefore, WPC 10683/2010 2 the petitioner seeks appropriate directions for initiation of action against the fourth respondent. 2. Though notice in this writ petition has been served on the respondents in this case, there is no appearance for either the second respondent or the fourth respondent. I have heard the learned senior Govt. Pleader Mr.Muhammed Hashim. 3. According to the petitioner, her grievances of the petitioner are set out in Ext.P8 representation which has been submitted to the first respondent. However, she complains that Ext.P8 has not been considered and no orders have been passed thereon till date. In view of the fact that Ext.P8 is pending consideration of the first respondent, it is sufficient that the same is directed to be considered and disposed of on an early date. 4. In the above circumstances this writ petition is disposed of directing the first respondent to consider the grievances of the petitioner set out in Ext.P8 representation in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Until final orders are passed on Ext.P8 in accordance with the above direction, all action for WPC 10683/2010 3 recovery of the loan amount of the petitioner shall be kept in abeyance. K. SURENDRA MOHAN Judge jj WPC 10683/2010 4