IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23643 of 2009(A)
1. S.THANKAYYAN,
... Petitioner
2. SARALA THANKAYYAN D,
Vs
1. THE KERALA STATE ROAD TRANSPORT CORPORAT
... Respondent
2. CAN FIN HOME LTD(CFHL)
For Petitioner :SRI.VELLAYANI SUNDARARAJU
For Respondent : No Appearance
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :25/08/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
````````````````````````````````````````````````````
W.P(C) No. 23643 OF 2009 A
````````````````````````````````````````````````````
Dated this the 25th day of August, 2009
J U D G M E N T
The petitioners are debtors of the 2nd respondent. The
1st petitioner is a former employee of the KSRTC. He prays that
out of turn disbursement of DCRG and commuted value of
pension may be ordered, since the petitioners face distress action
and likelihood of the dispossession of their residential building, in
exercise of the authority under section 14 of the SARFAESI Act.
Taking into consideration the materials on record, I am satisfied
that the petitioners have demonstrated sufficient grounds for out of
turn disbursement of the DCRG and commuted value of pension
due to the 1st petitioner. In the result, this writ petition is allowed
ordering that the DCRG and commuted value of pension due to
the 1st petitioner shall be released by the 1st respondent, within a
period of four weeks from now.
Sd/-
(THOTTATHIL B. RADHAKRISHNAN, JUDGE)
aks
// True Copy //
P.A. to Judge