IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 32183 of 2007(F)
1. V.AJAYKUMAR,S/O. VELAYUDHAN NAIR
... Petitioner
Vs
1. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE
... Respondent
2. THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE
3. CHIRAYINKEEZHU GOVT. EMPLOYEES
4. THIRUVANANTHAPURAM CO-OPERATIVE URBAN
5. CHEMBOOR SERVICE CO-OPERATIVE BANK LTD,
6. SUPERINTENDENT, E.S.I HOSPITAL
For Petitioner :SRI.LATHEESH SEBASTIAN
For Respondent :SRI.GEORGE POONTHOTTAM
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :05/12/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
---------------------------------------------
W.P.(C).No.32183 of 2007
---------------------------------------------
Dated this the 5th day of December, 2007
JUDGMENT
The petitioner while working as Nursing Assistant in
E.S.I. Hospital, Thiruvananthapuram was benevolent to
stand as a guarantor for loan transactions, which has
resulted in recoveries, invoking Section 37 of the Kerala
Co-operative Societies Act, whereby, a portion of the
petitioners emoluments is intended to be recovered.
According to him, he is now aged 42 years old, is physically
handicapped and has a family to maintain. I find no error of
jurisdiction or legal infirmity in the impugned proceedings.
However, having regard to the different aspects of the
situation, it is directed that the recovery from salary of the
petitioner on account of the debts due as a guarantor would
stand pegged at 60% of the amounts, now being
deducted, per month. The amounts so deducted shall be
WPC32183/2007 2
promptly credited to the accounts of the creditor institution
separately in equal amounts. This shall be without
prejudice to the right of the creditors to move against the
other debtors and also further against the petitioner, if the
debts remained unsatisfied.
The writ petition is disposed of as above.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE
csl