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High Court of KeralaWP(C)/4226/2013disposed of

T.A.Archana v. Travancore Devaswom Board

2015-03-24Honourable Mr.Justice V.Chitambaresh4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 24TH DAY OF MARCH 2015/3RD CHAITHRA, 1937 WP(C).No. 4226 of 2013 (C) ------------------------------------ PETITIONER:

-------------------------- T.A.ARCHANA, AGED 29 YEARS W/O. LATE K.G. RAVEENDRAN NAIR, MATTATHIL HOUSE (KAVANAL), NEAR MARADI UP SCHOOL, MOOVATTUPUZHA.P.O. BY ADVS.SRI.P.K.BABU SRI.S.P.SURESH KUMAR RESPONDENTS:

----------------------------

1. TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM-695001 REPRESENTED BY ITS SECRETARY.

2. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD THIRUVANANTHAPURAM-695001.

3. DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION) THIRUVANANTHAPURAM-695001.

4. DEVASWOM BOARD EMPLOYEES CO-OPERATIVE SOCIETY LTD E-759 PERUMBAVOOR-683542 REPRESENTED BY ITS SECRETARY.

5. THE ASST. DEVASWOM COMMISSIONER TRAVANCORE DEVASWOM BOARD, THRIKKARIYOOR GROUP THRIKKARIYOOR-686692.

R1 TO R3 & R5 BY ADV. SRI.A.N.RAJAN BABU, SC, TRAVANCORE DEVASWOM BOARD R4 BY ADVS. SRI.P.V.BABY SRI. A.N. SANTHOSH SRI.JOSHY THANNICKAMATTAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-03-2015, ALONG WITH WPC. 7440/2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 4226 of 2013 (C) APPENDIX PETITIONER(S) EXHIBITS :- EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER NO. ROC 295/05/MISC. DATED 12-6-2006 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE LETTER NO. ROC 24567/12 DATED 28-1-13. EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 25-1-13 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS :- EXT.R4(a) A TRUE PHOTOSTAT COPY OF THE MORTGAGE DEED DATED 29.11.2003 EXT.R4(b) A TRUE PHOTOSTAT COPY OF THE UNDERTAKEN DATED 3.10.2007 GIVEN BY THE PETITIONER EXT. R4(c) A TRUE PHOTOSTAT COPY OF THE COMMUNICATION DATED 11.10.2004 ISSUED BY THE 4TH RESPONDENT TO THE BOARD SECRETARY EXT.R4(d) A TRUE PHOTOSTAT COPY OF THE COMMUNICATION DATED 11.10.2004 ISSUED BY THE 4TH RESPONDENT TO THE ASSISTANT DEVASWOM COMMISSIONER EXT.R4(e) A TRUE PHOTOSTAT COPY OF THE REQUEST DATED 18.10.2007 ISSUED BY THE FOURTH RESPONDENT TO THE ASSISTANT DEVASWOM COMMISSIONER EXT.R4(f) A TRUE PHOTOSTAT COPY OF THE REQUEST DATED 17.12.2012 ISSUED BY THE 4TH RESPONDENT TO THE DEVASWOM COMMISSIONER /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). Nos. 4226 of 2013 & ---------------------------------------- Dated this the 24th day of March, 2015

JUDGMENT

The petitioner in W.P.(C). No. 4226/2013 is the widow of the loanee and the petitioners in W.P.(C). No. 7440/2013 are the sureties. The loanee died and the recovery proceedings were initiated against the petitioners in both the writ petitions. The widow has already repaid a sum of Rs. 10,000/- and proceedings to recover the balance are pending.

2.

The property devolved on the widow from her husband can be proceeded against. Similarly the attachable portion of the salary of the sureties can also be proceeded against. The sureties are entitled to sue for contribution against the widow. The amount paid by sureties can be recovered from the property devolved on her. It is upto the award holder society to decide the course of action.

W.P.(C). Nos. 4226 of 2013 & 7440 of 2013 2 3.

The salary of the widow is proceeded against since she has owned up the liability in Ext. R4(b) undertaking. It is to be noted that the widow obtained compassionate employment on the death of her husband. Added to this is the fact that she obtained a sizable amount as compensation in the motor accident. The widow has also undertaken to wipe off the liability of her husband after paying Rs. 10,000/-. Therefore the society is justified in proceeding against the attachable portion of the widow also.

The writ petitions are disposed of.

V. CHITAMBARESH JUDGE