IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 20TH AUGUST 2008 / 29TH SRAVANA 1930 WP(C).No. 23721 of 2008(Y) ---------------------------------------- PETITIONER: -------------------- K.C.DAVID, S/O.CHERIA, KALLIVALAPPIL HOUSE, CHURCH ROAD, KALLETTUMKARA PO., THRISSUR DISTRICT (INSPECTOR- RETIRED KSRTC, CHALAKUDY) BY ADV. SRI.ANANDARAJAN.N SRI.C.V.MILTON RESPONDENTS: ------------------------- 1. KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-23. 2. THE FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KSRTC, TRANSPORT BHAVAN, FORT PO., THIRUVANANTHAPURAM-23. 3. THE SECRETARY, K.S.T WORKERS' CO.OPERATIVE SOCIETY TLD.NO.T133, S.S.KOVIL ROAD, THAMPANOOR, THIRUVANANTHAPURAM-1. 4. THE ASSISTANT TRANSPORT OFFICER, KSRTC, CHALAKUDY. BY SRI. K.PRABHAKARAN, SC, KSRTC – R1,R2 & R4 ADV. SRI.N.UNNIKRISHNAN,SC KSTW CO.OP SOCIET FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. --------------------------------------- W.P.(C) NO.23721 OF 2008 (Y) ---------------------------------------- Dated this the 20th day of August, 2008 J U D G M E N T The petitioner retired from the service of Kerala State Road Transport Corporation in 2005. He had availed a loan from the third respondent society. Applying the principles contained in the different judgments of this Court as are referred to in paragraph No.2 of its counter affidavit, the third respondent has stated as follows: The writ petitioner, Shri.K.C.David, had availed a loan No.BAL-39786 on 15/9/2000 with maturity date 15/9/2004 at 18% interest repayable in 48 months @ Rs.1,460/- per month for a total recovery of Rs.70,080/-. The recovery was started in time as per loan schedule, with default of three months in 6/03, 12/03 and 1/04. Since recovered amount was retained by KSRTC the liability of loanee and KSRTC can be fixed as follows:- K.S.R.T.C. Rs.11976 Loanee Rs. 832 -------- Total liability Rs.12808 ======== W.P.(C) No.23721/2008 - 2 - The statement of recovery position is also produced as Ext.R3(A). Under such circumstances, this writ petition is ordered directing the KSRTC to pay to the third respondent an amount of Rs.11,976/- and the petitioner to pay to the third respondent an amount of Rs.832/-, within a period of three months from now. With the aforesaid directions, Ext.P3 is quashed. THOTTATHIL B. RADHAKRISHNAN, JUDGE skr/22/8