IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 6TH AUGUST 2010 / 15TH SRAVANA 1932 WP(C).No. 13597 of 2010 (Y) -------------------------- PETITIONER: --------------- K.CHANDRAN, S/O.CHANDU, AGED 62 YEARS, KUTTIPPURATH HOUSE, POST KARUVISSERY, CALICUT DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23, REP. BY ITS MANAGING DIRECTOR. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 3. THE ASSISTANT ACCOUNTS OFFICER(PENSION), KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 4. THE DISTRICT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KOZHIKODE. 5. THE SECRETARY, KERALA STATE TRANSPORT WORKERS CO-OP. SOCIETY LTD. NO. T-133, THAMPANOOR, THIRUVANANTHAPURAM. 6. THE ASSISTANT REGISTRAR OF CO-OP. SOCIETIES (GENERAL), THIRUVANANTHAPURAM. R5 BY ADV. SRI.N.UNNIKRISHNAN, SC. R1 to R4 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vk APPENDIX PETITIONER'S EXHIBITS EXT.P1. TRUE COPY OF THE CERTIFICATE ISSUED BY THE DISTRICT TRANSPORT OFFICER, KOZHIKODE. EXT.P2. TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.9427/08 PASSED BY THIS HONOURABLE COURT. RESPONDENTS EXHIBITS: NIL / TRUE COPY / P.S. TO JUDGE K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 13597 OF 2010 Y ----------------------------------------------------------- Dated this the 6th August, 2010. JUDGMENT The petitioner, an employee of the first respondent had availed an amount of Rs.30,000/- as loan from the fifth respondent. The entire loan amount was to be deducted from the salary of the petitioner every month and paid to the fifth respondent by the first respondent. Accordingly, the first respondent deducted the required amounts from the salary of the petitioner each month. But, the same was not paid to the fifth respondent, as stipulated. Consequently, payment of the instalments in repayment of the loan fell into arrears and the fifth respondent has demanded the excess amount found payable by the petitioner in this regard. Since the first respondent is responsible for the delay it is submitted that the first respondent should be made liable to pay the excess amount that is demanded by the fifth respondent. 2. Adv. N. Unnikrishnan who appears for the fifth respondent relies on the counter affidavit filed on behalf of the said respondent to submit that an excess liability of Rs.14,111/- has arisen solely due to the delay in paying the deducted amounts to the fifth WPC 13597/2010 2 respondent. The first respondent is entirely responsible for the delay and is therefore liable to pay the excess amount. 3. In the above circumstances this writ petition is disposed of directing the first respondent to remit the said excess amount of Rs.14,111/- (Rupees fourteen thousand one hundred and eleven only) to the fifth respondent within a period of one month from today. On receipt of the said amount, the fifth respondent shall close the loan account of the petitioner and release the share amount to him. K. SURENDRA MOHAN Judge jj WPC 13597/2010 3