High Court Kerala High Court

Ajith P.P vs The Manager on 30 June, 2009

Kerala High Court
Ajith P.P vs The Manager on 30 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18166 of 2009(M)


1. AJITH P.P.,
                      ...  Petitioner

                        Vs



1. THE MANAGER,
                       ...       Respondent

2. THE PRINCIPAL SECRETARY,

3. THE DISTRICT TREASURY OFFICER,

4. SMT.SANTHAKUMARI A.K.,

5. THE KERALA STATE CO-OPERATIVE BANK,

                For Petitioner  :SRI.M.R.ANANDAKUTTAN

                For Respondent  :SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK

The Hon'ble MR. Justice V.GIRI

 Dated :30/06/2009

 O R D E R
                            V.GIRI,J.
                     -------------------------
                 W.P ( C) No. 18166 of 2009
                     --------------------------
                Dated this the 30th June,2009

                       J U D G M E N T

Petitioner was a surety for a loan availed by the 4th

respondent. Fourth respondent defaulted repayment of

the same. Apparently, the 1st respondent, Manager of the

Co-operative bank did not take steps to recover the

amount from the 4th respondent. A letter was sent to the

2nd respondent by the 5th respondent Bank requesting for

initiation of steps to recover the dues from the 4th

respondent, the principal debtor. It seems that the 2nd

respondent did not take any steps in furtherance of the

request and therefore the petitioner approached the Lok

Ayukta. It seems that the Lok Ayukta had passed an order

originally. Thereafter, the petitioner filed an application

for review of the said order which was disposed of under

Exhibit-P1. Lok Ayukta has observed that the Bank has

made a request to the Government for initiating action

and the Secretary to Government is bound to initiate

W.P ( C) No. 18166 of 2009
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action as contemplated by the Co-operative Societies Act.

Observing so, review petition was disposed of. This writ

petition has been filed seeking a direction to the

Government to implement the orders of the Lok Ayukta.

2. I am of the view that the writ petition is

misconceived. If the Lok Ayukta has passed orders, then it

has ample powers to see that it’s orders are implemented.

It is open to the petitioner to approach the Lok Ayukita in a

manner permissible under the Statute.

Writ petition is disposed of without prejudice to the

right of the petitioner to approach the Lok Ayukta.

(V.GIRI,JUDGE)
ma

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