IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15134 of 2009(J)
1. THE GOVERNMENT SERVANTS CO-OPERATIVE
... Petitioner
Vs
1. THE DIRECTOR OF PUBLIC INSTRUCTIONS
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION
3. THE HEAD MASTER
4. SHRI. P.K.MOHANAN
For Petitioner :SRI.V.S.AFSAL KHAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/06/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C.) No.15134 of 2009
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Dated, this the 2nd day of June, 2009
J U D G M E N T
The petitioner is a Co-operative Society. According to the
petitioner, the 4th respondent had availed of two loans of
Rs.10,000/- each. Exts.P1 & P2 are the loan agreements and
Exts.P3 & P4 are the loan applications and employment certificates.
Default was committed and request was made to the 3rd respondent
for effecting recovery of the amount due to the petitioner.
2. Though, requests for recovery were received, the 3rd
respondent did not effect recovery. Complaints made to the 2nd
respondent also did not yield any result. The petitioner submits
that the failure of respondents 2 & 3 amounts to violation of Section
37 of the Kerala Co-operative Societies Act, and that it entails
consequences as provided under Section 94(5) of the Act.
According to him, this also in violation of the Kerala Financial Code.
It is stated that ignoring the request made for effecting recovery and
not to issue Non Liability Certificate, Ext.P12 Non Liability Certificate
was issued.
3. The petitioner says that in view of the above, he has
WP(C) No.15134/2009
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moved the 1st respondent by filing Ext.P13 seeking to have his
grievances redressed and also praying to take action against
respondents 2 & 3. It is stated that even on Ext.P13, there has not
been any response. It is in these circumstances, the writ petition is
filed.
4. Having regard to the fact that the petitioner has urged
his grievances in Ext.P13, which has already been submitted to the
1st respondent, at this stage, I feel that their grievances can be
redressed by directing the 1st respondent to consider and pass
orders on Ext.P13.
5. Therefore, the writ petition is disposed of directing the
1st respondent to consider and pass orders on Ext.P13, as
expeditiously as possible, at any rate, within four weeks of
production of a copy of this judgment, along with a copy of this writ
petition.
6. The petitioner shall produce a copy of this judgment,
along with a copy of this writ petition before the 1st respondent for
compliance.
The writ petition is disposed of as above.
(ANTONY DOMINIC, JUDGE)
jg