IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22473 of 2009(D)
1. JOHNY URUMEES, S/O. VARGHESE,
... Petitioner
2. TONY PAUL, S/O. PAUL DOMINIC,
3. RAPHEL LAZAR, S/O. A.O. LAZAR,
4. T.M. RAHIM, S/O. T.P. HYDROSE,
Vs
1. STATE OF KERALA, REP. BY
... Respondent
2. THE JOINT REGISTRAR,
3. THE ALWAYE URBAN CO-OP BANK
For Petitioner :SRI.S.SREEKUMAR
For Respondent :SRI.R.RAGHUKUMAR (ALUVA)
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :08/10/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J
...........................................
WP(C).NO. 22743 OF 2009
............................................
DATED THIS THE 9TH DAY OF OCTOBER, 2009
JUDGMENT
The petitioner retired from the service of KSRTC. While
working as a Blacksmith, he had availed a loan from the third
respondent, Housing Board, which fell in arrears and that default
has led to recovery proceedings under the Revenue Recovery Act.
I am satisfied that the petitioner is entitled to out of turn
payment of DCRG and CVP to pay off the debt, since he faces
distress action.
2. For the aforesaid reasons, it is ordered that the entire
amount due from KSRTC to the petitioner by way of DCRG and
CVP will be released to Housing Board within a period of four
weeks from the date of receipt of a copy of this judgment. The
Housing Board will deduct therefrom, the entire amounts due to
it after giving such allowance or reduction in interest as may be
permissible on proper representation by the petitioner. Revenue
Recovery charges will also be waived, treating this as a special
case and amounts, if any found remaining will be released to the
Wpc 22743/2009 2
petitioner, within a further period of four weeks. Writ petition
ordered accordingly.
THOTTATHIL B RADHAKRISHNAN,
JUDGE
lgk/12/10