IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 23878 of 2007(P) ------------------------------------- PETITIONER: ------------------- ERNAKULAM RIKSHA THOZHILALI CO-OPERATIVE SOCIETY LTD., NO.E110, C.S.ROAD, KOCHI-682011 REP. BY SECRETARY MR.ROOSEVELT BY ADV. SRI.R.ANILKUMAR RESPONDENTS: ----------------------- 1. T.K.EBRAHIM, SECRETARY, PERUMBALAM GRAMA PANCHAYAT, PERUMBALAM P.O. 2. DIRECTOR OF PANCHAYAT, DIRECTORATE OF PANCHAYAT, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYATH, ALAPPUZHA. 4. STATE OF KERALA, REPRESENTED BY SECRETARY, LOCAL SELF GOVT. DEPARTMENT, THIRUVANANTHAPURAM. * 5. THE SECRETAY, THYCAUTTUSSERY GRAMA PANCHAYAT, THYCAUTTUSSERY P.O,ALAPPUZHA DISTRICT,PIN 688 528. * ADDL. R5 IS IMPLEADED AS PER ORDER DATED 22/11/2007. R2 AND R4 BY GOVT. PLEADER SMT. M.K. PUSHPALATHA R1 ADV. SRI.J.OM PRAKASH R5 BY ADV. SRI.SHAJI THANKAPPAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 23878/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE AGREEMENT DT. 23/12/00. EXT.P2. COPY OF THE STATUTORY DEMAND NOTICE ISSUED TO THE THEN SECRETARY, THYCAUTTUSSERY GRAMA PANCHAYAT. EXT.P3. COPY OF THE LETTER DT. 17/10/2005. EXT.P4. COPY OF THE LETTER NO. C2/197/07 DT. 4/6/07 BY THE SECRETARY THYCAUTTUSSERY GRAMA PANCHAYAT. EXT.P5. COPY OF THE REPRESENTATION DT. 23/5/07 FORWARDED TO R2 AND R3. RESPONDENT'S EXHIBITS NIL. True copy tga THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.23878 OF 2007 ------------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT The first respondent is a surety for a facility availed from the petitioner. This writ petition is filed alleging that in spite of notice under Section 37 (2) of the Kerala Co-operative Societies Act, 1969, no action was being taken to recover amounts from the salary of the first respondent. It appears that he, being the Secretary of the society, draws salary himself. 2. Following the interim order dated 27.11.2007, the additional respondent has filed an affidavit. The first respondent has filed an affidavit and has stated through his counsel, today, that amounts are being paid by him to the petitioner. This is recorded. In the result, this writ petition is allowed directing that the first respondent shall ensure that amounts due from him towards WPC.23878/07 2 the petitioner is deducted from his salary and paid to the petitioner so long as he is in service, wherever it be. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.