High Court of KeralaWP(C)/31717/2015disposed of

S.G. Krishnadevi v. Sub Treasury Officer, Fort

2015-10-20Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 20TH DAY OF OCTOBER 2015/28TH ASWINA, 1937 WP(C).No. 31717 of 2015 (L) --------------------------------------- PETITIONER(S):

----------------------- S.G. KRISHNADEVI, AGED 48 YEARS, D/O.SARADA AMMA, KRISHI BHAVAN, THEKKUMKARA, NEDUMANGAD , THIRUVANANTHAPURAM.

BY ADVS.SRI.G.RANJU MOHAN SMT.M.SANTHI (K/868/2011) RESPONDENT(S):

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

1. SUB TREASURY OFFICER, FORT, THIRUVANANTHAPURAM.

2. THE SECRETARY, ANANTHAPURAM CO-OPERATIVE BANK LIMITED NO.T-184, HEAD OFFICE AT KAITHAMUKKU, THIRUVANANTHAPURAM.

3. THE MANAGER, ANANTHAPURAM CO-OPERATIVE SOCIETY LIMITED, NO.T-184, KAITHAMUKKU BRANCH, THIRUVANANTHAPURAM.

4. V.VISWANATHAN NAIR, HIGHLY SKILLED TECHNICIAN -II, TRANSFORMER WINDING, KELTRON, KARAKULAM (PO), THIRUVANANTHAPURAM.

5. B.HARIKUMAR, T.C.28/1621, PILLA VEEDU, SREEKANTESWARAM, FORT (PO), THIRUVANANTHAPURAM.

R1 BY GOVERNMENT PLEADER SRI.MANOJ P. KUNJACHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

WP(C).No. 31717 of 2015 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1-A TRUE COPY OF THE COMPLAINT FILED BY THE 4TH RESPONDENT BEFORE THE KERALA LOK AYUKTA.

P2- A TRUE COPY OF THE ORDER OF HONOURABLE LOK AYUKTA DATED 11.9.2015 RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

A. MUHAMED MUSTAQUE, J ------------------------------------------------------ W.P.(C).No. 31717 of 2015 ------------------------------------------------------ Dated this the 20th day of October, 2015

JUDGMENT

The petitioner was a guarantor of a loan availed by the 5th respondent from the 3rd respondent society. The 4th respondent is also one of the co-sureties for the said loan.

2. The 4th respondent filed a complaint before the Lok Ayuktha stating that no action has been taken to recover the amount from the petitioner on account of influence exerted before the 2nd and 3rd respondent.

3. The learned counsel for the petitioner also submits that the petitioner is prepared to clear the entire amount. The petitioner also seeks time.

4. As per Ext.P2, the Lok Ayuktha issued an order of bailable warrant to the 5th respondent.

5. This Court is of the view that since no warrant has been issued against the petitioner, there is no cause

W.P.(C).No. 31717 of 2015 -2of action to the petitioner to challenge Ext.P2 before this Court. However, the petitioner is free to raise objections before the Lok Ayuktha regarding jurisdiction and the matters relating to the complaint.

Recording the submission that the petitioner is prepared to clear the entire amount, with liberty to raise objections before the Lok Ayuktha, the writ petition is disposed of. The petitioner shall appear before the Lok Ayuktha on the next posting date.

Sd/- A. MUHAMED MUSTAQUE JUDGE bpr