IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MRS.MANJULA CHELLUR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WA.No. 1700 of 2011 --------------------------- AGAINST THE JUDGEMENT IN WPC.29007/2011 Dated 02/11/2011 .................... APPELLANT/PETITIONER: ------------------------------------- GLORY JOSELET, W/O.T.RAJAN, AGED 48 YEARS, RAJ BHAVAN, NELLIMOODU, THIRUVANANTHAPURAM-695 524. BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. THE NELLIMOODU SERVICE CO-OPERATIVE BANK LTD.NO.2639, REPRESENTED BY SECRETARY, NELLIMOODU.P.O., THIRUVANANTHAPURAM-695 524. 2. ASSISTANT DIVISIONAL OFFICER, FIRE AND RESCUE OFFICE, CHENKAL CHOOLA, THIRUVANANTHAPURAM-695 001. 3. STATION OFFICER, FIRE AND RESCUE SERVICE, VIZHINJAM, VIZHINJAM.P.O., THIRUVANANTHAPURAM-695 521. R1 BY ADV. SRI.N.RAGHURAJ SMT.K.AMMINIKUTTY R2 & R3 BY GOVT. PLEADER SRI.JAMES MATHEW KADAVAN THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 30/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Manjula Chellur, Ag. C.J. & P.R.Ramachandra Menon, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A. No. 1700 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of November, 2011 JUDGMENT Manjula Chellur, Ag. C.J. The appellant is the principal borrower from the Society concerned. It is not in dispute that when notices under Section 37 of the Act, Kerala Co-operative Societies Act, 1967, came to be issued in exercise of the right to proceed against sureties, the appellant/petitioner approached this Court contending, if she is given 12 instalments to repay the loan, there need not be any proceedings against the sureties. 2. The learned Single Judge, after noticing the locus standi of the present appellant, was justified in saying, the petitioner/appellant is not the person aggrieved by the proposed action of the respondents/Society under Section 37 of the Act and it is for the sureties to approach the Court, if they have any grievance regarding the powers exercised by the creditor under Section 37 of the Act. W.A. No.1700 of 2011 -:2:- In that view of the matter, we are of the opinion, nothing remains for us to consider in this appeal. Accordingly, the Writ Appeal is dismissed. Manjula Chellur, Ag. Chief Justice. P.R.Ramachandra Menon, Judge. ttb