Kerala High Court
The Adoor Government Employees ... vs The State Of Kerala on 3 September, 2025
W.P.(C) No.33010 of 2025 1 2025:KER:66317
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 3RD DAY OF SEPTEMBER 2025 / 12TH BHADRA, 1947
WP(C) NO. 33010 OF 2025
PETITIONER(S) :
THE ADOOR GOVERNMENT EMPLOYEES CO-OPERATIVE
BANK LTD. NO. 2226
ADOOR P.O., PATHANAMTHITTA DISTRICT,
REPRESENTED BY ITS SECRETARY,
SHIVAPRASANTH S. K.,
AGED 49 YEARS, S/O SADASIVAN,
RESIDING AT GOURINANDAN, MUNNALAM,
ADOOR TALUK, ADOOR VILLAGE,
PATHANAMTHITTA DISTRICT.,
PIN - 691523
BY ADV SMT.SHEHROON PATEL A.K.
RESPONDENT(S) :
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY,
DEPARTMENT OF COOPERATIVE SOCIETIES,
GOVERNMENT OF KERALA,
SECRETARIAT,
THIRUVANANTHAPURAM DISTRICT.,
PIN - 695001
2 THE SECRETARY
GRAMA PANCHAYAT, PALLICKAL,
PATHANAMTHITTA DISTRICT,
PIN - 690504
3 THE SECRETARY
MUNICIPAL OFFICE, ADOOR,
OFFICE OF THE SECRETARY,
ADOOR MUNICIPALITY, PATHANAMTHITTA,
OLD TOWN HALL, COURT ROAD,
ADOOR, PATHANAMTHITTA DISTRICT..
PIN - 691523
W.P.(C) No.33010 of 2025 2 2025:KER:66317
4 K. G. RAJAGOPALAN
AGED 57 YEARS,S/O K. K. GOPALAN,
DRIVER, MUNICIPAL OFFICE ADOOR,
PATHANAMTHITTA DISTRICT HAVING ADDRESS AT MUKKUZHICKAL,
MALAYALAPUZHA ERAM P.O., RANNI TALUK,
VADASERIKARA VILLAGE, PATHANAMTHITTA DISTRICT,
PIN - 689664
BY SMT.HARITHA V A, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.33010 of 2025 3 2025:KER:66317
EASWARAN S., J.
---------------------------------
W.P.(C) No.33010 of 2025
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Dated this the 3rd day of September, 2025
JUDGMENT
This writ petition is filed seeking the following reliefs:
A) To issue a writ of mandamus or any other
appropriate writ, order or direction to the 2nd
respondent to consider Ext.P6 requisition and to
take necessary action on the same as
contemplated under Section 37(2) of Kerala Co-
operative Societies Act, 1969 and Article 89(3) of
the Kerala Financial Code, Volume 1 for recovery
of the loan arrears of the 4th respondent from his
DCRG and other retirement benefits;
B) To issue a writ of mandamus or any other
appropriate writ, order or direction to the 2nd
respondent not to disburse the DCRG and other
retirement benefits to the 4th respondent without
recovering the loan arrears due from the 4th
respondent to the petitioner society.
C) To pass such other writ order or direction that
this Hon'ble Court may deem fit and proper in
the facts and circumstances of the case;
2. The petitioner herein is an Employees' Credit Society
registered under the Kerala Co-operative Societies Act, 1969. It is
stated that the 4th respondent had availed a loan of Rs.3,00,000/-
W.P.(C) No.33010 of 2025 4 2025:KER:66317
(Rupees Three Lakhs only) from the petitioner society, and at the
time of availing the loan, he was working as a Driver, Municipal
Office Adoor, Pathanamthitta. At the time when the 4 th respondent
availed the loan, the 3rd respondent was the salary disbursing officer,
and the 4th respondent had also agreed that the dues can be
recovered from his salary and pensionary benefits. When the 4 th
respondent failed to remit the loan instalments, proceedings for
recovery were taken by the petitioner society. It is stated that the 4th
respondent retired from service as a Driver on 31.03.2024 from
Pallickal Panchayat, the 2nd respondent is his disbursing officer for
disbursing the DCRG and pensionary benefits, and the petitioner has
submitted Ext.P6 request before the 2nd respondent for recovery of
the amounts. Thus, it is submitted that necessary directions be
issued to the 2nd respondent to take necessary action on Ext.P6 for
the recovery of the amount due to the petitioner society from the
DCRG and other retirement benefits of the 4th respondent within a
reasonable time.
3. Heard Sri. Shehroon Patel A.K., the learned counsel
appearing for the petitioner, and Smt. Haritha V.A., the learned
Government Pleader appearing for the respondents 1 to 3. In the
nature of the order that this Court proposes to pass, notice to the
party respondent is dispensed with.
W.P.(C) No.33010 of 2025 5 2025:KER:66317
4. On consideration of the rival submissions raised across the
Bar, this Court is of the considered view that the writ petition can be
disposed of directing the 2nd respondent to take action on Ext.P6, in
accordance with law, and forward the eligible amounts if any due to
the petitioner society within a period of one month from the date of
receipt of a copy of this judgment. Till Ext.P6 is considered, the 2 nd
respondent is directed not to disburse the DCRG and other
retirement benefits to the 4th respondent if not already disbursed.
Sd/-
EASWARAN S.
JUDGE
NS
W.P.(C) No.33010 of 2025 6 2025:KER:66317
APPENDIX OF WP(C) 33010/2025
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LOAN APPLICATION FORM DATED
21/07/2017 SUBMITTED BY THE 4TH RESPONDENT TO
THE PETITIONER SOCIETY
Exhibit P2 THE TRUE COPY OF THE AGREEMENT DATED 18/07/2017
EXECUTED BY THE 4TH RESPONDENT TO THE
PETITIONER SOCIETY
Exhibit P3 THE TRUE COPY OF THE UNDERTAKING DATED
04/08/2017 GIVEN BY THE PAY DISBURSING OFFICER
Exhibit P4 THE TRUE COPY OF THE BOND DATED 04/08/2017
EXECUTED BY THE 4TH RESPONDENT TO THE
PETITIONER SOCIETY
Exhibit P5 THE TRUE COPY OF THE AWARD DATED 27/05/2022 IN
FILE NO.19/22 PASSED BY THE A & E INSPECTOR,
OFFICE OF THE ASSISTANT REGISTRAR OF
COOPERATIVE SOCIETIES (GENERAL), ADOOR
Exhibit P6 THE TRUE COPY OF NOTICE NO. GECB 280/23-24 DATED
14/12/2023 ISSUED BY THE PETITIONER SOCIETY TO
THE 2ND RESPONDENT
Exhibit P7 THE TRUE COPY OF NOTICE NO. GECB 281/23-24 DATED
14/12/2023 ISSUED BY THE PETITIONER SOCIETY TO
THE DEPUTY DIRECTOR OF PANCHAYAT,
PATHANAMTHITTA
Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED 27/09/2022
IN W.P.(C) NO.13871/2022 OF THIS HON'BLE COURT
