IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3192 of 2009(E)
1. M.K.GOPALAKRISHNAN,PAINKAYIL HOUSE,
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE ASSISTANT REGISTRAR OF CO-OPERATIVE
3. IRINJALAKUDA CO-OPERATIVE AGRICULTURAL
4. THE BRANCH MANAGER,IRINJALAKKUDA
5. KERALA STATE CO-OPERATIVE AGRICULTURAL
For Petitioner :SRI.K.PRAVEEN KUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/01/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.3192 of 2009-E
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Dated this the 30th day of January, 2009.
JUDGMENT
Learned Government Pleader appears for
respondents 1 and 2. Notice to respondents 3 to 5
is dispensed with preserving their right to move
for review of this judgment, if aggrieved.
The petitioner availed a loan from respondents 3
and 4. It appears that the transaction is
primarily funded by the fifth respondent. The
first respondent issued Ext.P7 directing the
third respondent to give the petitioner certain
deductions in the total outstandings, having
regard to the factors stated in Ext.P7 relatable
to the rate of interest that could be charged on
the basis of circulars. The complaint of the
petitioner is that Ext.P7 is not being honoured
and that Ext.P9 has been issued by the third
WP(C)3192/2009 -: 2 :-
respondent seeking repayment of amount which is
far more than what is covered by Ext.P7. That is
not a matter on which this Court should interfere
since if the first respondent has issued Ext.P7,
it will be within his authority to see that its
enforcement is also done. To enable the
petitioner to move the first respondent and seek
further relief against Ext.P9, it is ordered that
enforcement of Ext.P9 will stand suspended for
three weeks. The writ petition is ordered
accordingly.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/120209
