Kerala High Court
Kannamma vs State Of Kerala on 6 August, 2010
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32690 of 2009(E)
1. KANNAMMA,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SECRETARY,
3. THE DIRECTOR,
4. THE ASSISTANT HEALTH OFFICER,
5. THE DISTRICT MANAGER,
6. PRADEEP THOMAS,
For Petitioner :SRI.A.X.VARGHESE
For Respondent :SRI.P.K.VIJAYA MOHANAN, SC, MATSYAFED
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :06/08/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 32690 OF 2009(E)
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Dated this the 6th day of August, 2010
J U D G M E N T
Petitioner is the wife of late Palani K. Palani. It is stated that the deceased was a surety for a loan availed of by the 6th respondent, and had executed an agreement agreeing for recovery from the salary. Complaint of the petitioner is that after the death of her husband, 5th respondent is continuing steps to realize the amounts due from the principal debtor, from the DCRG that is due to the petitioner.
2. In the context of the Kerala Co-operative Societies Act, a Division Bench of this court in Surendran V. Mavelikara Primary Co- op. Agrl. & R.D. Bank Ltd.,(2005(4)KLT 619) held that if the agreement is only recovery from the salary, recovery cannot be made from the DCRG. If this principle is applied to the facts of this case, the 5th respondent cannot effect recovery from the DCRG due, on account of death of the employee and payable to the petitioner. Therefore the petitioner is entitled to succeed on this ground.
WPC.No. 32690/09 :2 :
3. Writ Petition will therefore disposed of restraining the 5th respondent from recovering any amount due from the deceased husband of the petitioner out of the DCRG that is due to the petitioner. Consequently, the respondents will disburse the DCRG due to the petitioner without effecting any recovery.
Writ Petition is disposed of as above.
(ANTONY DOMINIC) JUDGE vi/