Indira K. vs Asst. Registrar Of Co-Operative on 29 September, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 22107 of 2006(F)


1. INDIRA K., W/O. LATE VAMADEVAN,
                      ...  Petitioner

                        Vs



1. ASST. REGISTRAR OF CO-OPERATIVE
                       ...       Respondent

2. KAYAMKULAM GOVT. EMPLOYEES CO-OPERATIVE

3. MEDICAL OFFICER IN CHARGE,

                For Petitioner  :SRI.SHEJI P.ABRAHAM

                For Respondent  :SRI.M.SASINDRAN

The Hon'ble MR. Justice K.THANKAPPAN

 Dated :29/09/2006

 O R D E R
                               K.THANKAPPAN, J.
                           ------------------------------------
                           W.P.(C)NO. 22107 OF 2006
                           ------------------------------------


                   Dated this the 29 th day of September, 2006


                                    JUDGMENT

The petitioner has approached this Court aggrieved by Ext.P14 letter

issued by the Secretary of the second respondent – Society to the third

respondent to recover an amount of Rs.32,106/-, from the D.C.R.G. of the

petitioner, being the liability towards a loan availed of by the late husband

of the petitioner. The petitioner submits that Ext.P14 is not based on any

account showing remittance. She further submits that as per Ext.P3

judgment, this Court had directed the respondent to recover an amount of

Rs.20,000/- in equal monthly instalments of Rs.500/- each. According to

the petitioner, as per the direction of this Court, the entire amount has been

remitted. Since the second respondent continued to claim further amount

from the petitioner, she approached this Court by filing W.P.(C) No.10788

of 2006 and this Court as per judgment dated 15.6.2006 directed the

society to verify the correct balance amount payable by the petitioner.

Inspite of the above, the second respondent issued Ext.P14.

W.P.(C)NO.22107/2006 2

2. This Court is not in a position to verify the records . Hence, the

remedy available to the petitioner is to file a representation before the Joint

Registrar of Co-operative Societies against Ext.P14. If such a

representation is received, the Joint Registrar shall consider the

representation after hearing the parties and verifying the records and take a

decision in the matter as early as possible at any rate within 60 days from

the date of receipt of a copy of this judgment. It is made clear that till a

final decision is taken in the matter, the second respondent is restrained

from taking any follow-up action pursuant to Ext.P14.

The Writ Petition is disposed of as above.

(K.THANKAPPAN, JUDGE)

sp/

W.P.(C)NO.22107/2006 3