IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH FEBRUARY 2010 / 26TH MAGHA 1931 WP(C).No. 15529 of 2005(W) -------------------------- PETITIONER(S): --------------- E.C. KUNJUMUHAMMED, S/O. ABU, AGED 53 YEARS, ELACHOLA HOUSE, KOTTILANGADI P.O., MALAPPURAM MECHANIC, K.S.R.T.C., MALAPPURAM DEPOT. BY ADV. SRI.O.P.NANDAKUMAR SRI.V.A.AJAI KUMAR RESPONDENT(S): --------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION REPRESENTED BY ITS MANAGING DIRECTOR THE KERALA STATE ROAD TRANSPORT CORPORATION THIRUVANANTHAPURAM. 2. THE ASSISTANT TRANSPORT OFFICER, THE KERALA STATE ROAD TRANSPORT CORPORATION MALAPPURAM. 3. THE KERALA STATE TRANSPORT WORKERS CO-OPERATIVE SOCIETY LIMITED, NO.T 133, THMBANOOR, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. ADV. SRI.N.UNNIKRISHNAN FOR R3 SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC FOR R1,2 MR.SAJEEV KUMAR K.GOPAL, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15529/2005 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE CERTIFICATE DATED 22/03/2004 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2 : COPY OF THE LETTER DATED 04/04/2005 ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS R3 (A) : COPY OF STATEMENT OF RECOVERY POSITION OF SHRI.KUNHIMOHAMMED.E.C., THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.15529 of 2005 (W) --------------------------------- Dated, this the 15th day of February, 2010 J U D G M E N T The petitioner had availed of a loan from the 3rd respondent Society in January, 1999. The 1st instalment was due in November, 1999 and the last instalment in December, 2003. The arrangement was that amounts will be recovered from his salary by his employer, viz. the Kerala State Road Transport Corporation, and that the amounts will be paid to the Society. 2. The case of the petitioner is that although full amount was recovered in instalments from his salary, the amount was not remitted to the Society in time, as a result of which, the petitioner has been made liable by the 3rd respondent for overdue interest. It is contended that in view of the aforesaid default committed by the respondent Corporation, his liability still remains undischarged. The petitioner submits that since default was that of the KSRTC, the KSRTC should pay the amount now claimed by the Society. 3. The Society has filed a counter affidavit. According to WP(C) No.15529/2005 -2- the Society, in view of the delay in the remittance, a further amount of Rs.11,300/- is due to it from the petitioner. 4. If as stated by the petitioner and the 3rd respondent, amount has been recovered in time from the petitioner's salary and delay has occurred at the hands of the KSRTC in remitting the recovered amounts to the Society, overdue interest, if any, that has become due should be borne by the KSRTC, and the petitioner cannot be saddled with that liability as he is not responsible for such default. Therefore, if delay has occurred at the hands of the KSRTC, the KSRTC should pay the amount to the Society. In view of this, this writ petition is disposed of with the following directions. The 2nd respondent shall verify the records and find out whether any delay has occurred in remitting the recovered amounts to the 3rd respondent Society, and on such verification, any overdue interest is found to have become payable on account of the lapse on its part, respondents 1 & 2 shall pay the overdue interest that has fallen due to the Society and exonerate the petitioner from the liability that is due to the 3rd respondent Society. The process of verification should be completed and necessarily remittance, if any, WP(C) No.15529/2005 -3- shall be made as expeditiously as possible, at any rate, within four weeks of production of a copy of this judgment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg