IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1664 of 2008(W) ------------ ------------------------- PETITIONERS: --------------------- 1. K.S.PRASAD.M., NO.410, 25/310, PRAMEE NIVAS, PANGAL, INDL ESTATE, PUDUPPARIYARAM, PALAKKAD. 2. K.SIVASANKARAN.M. NO.167, JAYA NIVAS, INDL ESTATE, PUDUPPARIYARAM, PALAKKAD. BY ADV. SRI.VINOD KUMAR.C RESPONDENTS: ------------------------ 1. THE SECRETARY, THE PALAKKAD FOOD CORPORATION OF INDIA EMPLOYEE'S CO-OPERATIVE CREDIT SOCIETY LTD., NO.P 615, INDUSTRIAL ESTATE, PALAKKAD. 2. MANAGER, FOOD CORPORATION OF INDIA, DISTRICT OFFICE, PALAKKAD-2. 3. S.RAVINDRAN, M.NO.236, KENATHU PARAMBU, NEAR FIRE STATION, PALAKKAD. BY STANDING COUNSEL SMT.V.P.SEEMANDINI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ----------------------------------- W.P.(C).No.1664 of 2008-W ------------------------------------ Dated this the 15th day of January, 2008. J U D G M E N T The third respondent availed a loan from the first respondent. Petitioners are sureties for the transaction. They have filed this writ petition challenging the proceedings against them, on the ground that, proceedings have to be initiated against the third respondent. (2). I do not find any jurisdictional error or legal infirmity in the action taken for recovery in terms of Section 37 of the Kerala Co-operative Societies Act. (3). Under such circumstances, while refusing to interfere with the action taken against the petitioners by respondents 1 and 2, the writ petition is disposed of, directing that, if amounts are due from the third respondent, the first respondent shall take prompt action against the third respondent also, in accordance with law. Such action shall be initiated within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. THOTTATHIL B.RADHAKRISHNAN, JUDGE. MS