IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 7TH AUGUST 2008 / 16TH SRAVANA 1930 WP(C).No. 22966 of 2008(H) -------------------------- PETITIONER: PETITIONER ---------------------- T.RAJENDRAN, AGED 56 YEARS, S/O. THANKAPPAN, SHIJI NIVAS PARASUVAICKAL P.O., THIRUVANANTHAPURAM RETIRED FROM K.S.R.T.C AS MECHANIC PARASALA UNIT BY ADV. SRI.D.SAJEEV SRI.BABU POTHENCODE RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION,REPRESENTED BY ITS MANAGING DIRECTOR TRANSPORT BHAVAN, THIRUVANANTHAPURAM 2. THE ASSISTANT PERSONAL OFFICER (PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM 3. THE DEPUTY CHIEF ACCOUNT OFFICER (IA) OFFICE OF THE MANAGING DIRECTOR KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM 4. THE AUTHORISED OFFICER THIRUVANANTHAPOURAM REGIONAL OFFICE, THE KERALA STATE CO-OPERATIVE BANK LTD THIRUVANANTHAPURAM-1 BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R4 SRI.JOHNSON P.JOHN, SC, KSRTC FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 22966 OF 2008 H ```````````````````````````````````````````````````` Dated this the 7th day of August, 2008 J U D G M E N T Petitioner retired as Mechanic from KSRTC on 30.11.2007. According to him, he took a loan on 11.2.2006 from the 4th respondent. Now, the petitioner is threatened with action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. He has produced Exts.P2 and P3. It is pointed out that he has two unmarried daughters and aged mother and he has no other means. 2. I heard learned counsel for the petitioner, learned counsel for the 4th respondent and learned standing counsel. The learned counsel for the 4th respondent also submits that the amount is due from the petitioner. In view of the documents produced and the submissions made, I feel that the petitioner should be granted partial relief. Accordingly, writ petition is disposed of as follows. WPC.22966/08 : 2 : There will be a direction to the 1st respondent to pay to the 4th respondent the amount due to the petitioner as DCRG within two weeks from the date of receipt of a copy of this judgment. It is made clear that the payment will be made only if there is no other liability which the petitioner has to discharge from out of DCRG amount. Regarding the third prayer, I leave open the right of the petitioner to move appropriate court, if necessary. Sd/- (K.M.JOSEPH, JUDGE) aks /TRUE COPY/ P.A.TO JUDGE