Petitioner, guarantor in a loan default case, sought direction to promote agency for EMI deduction. Court directed Respondent to consider representation pending personal hearing.
Directions to 2nd respondent to consider petitioner's representation and pass orders after hearing within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF FEBRUARY 2022/28TH MAGHA, 1943
WP(C) NO. 3442 OF 2022
PETITIONER:
M.K MOHAMMED SALEEM AGED 52 YEARS STORE KEEPER, FISHERIES DEPARTMENT, LAKSHADWEEP OFFICE, WILLINGTON ISLAND, COCHIN-682003 ERNAKULAM, PIN – 682003
BY ADV JIMMY GEORGE (VATTATHARA)
RESPONDENTS:
1 T.T NISAMUDHEEN AGED 40 YEARS U.D CLERK, STORE KEEPER, ELECTRICITY DEPARTMENT, LAKSHADWEEP OFFICE, WILLINGTON ISLAND, COCHIN-682003 ERNAKULAM, PIN – 682003
2 ASSISTANT ENGINEER ELECTRICITY DEPARTMENT, LAKSHADWEEP ISLAND, WILLINGTON ISLAND, COCHIN-682003 ERNAKULAM, PIN – 682003
BY ADV. SAJITH KUMAR V. FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.3442/2022
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N. NAGARESH, J.
W.P.(C) No.3442 of 2022
Dated this the 17th day of February, 2022
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
The petitioner is working as a Store Keeper in the Fisheries Department of Lakshadweep Administration at Willington Island, Kochi. The petitioner stood as a guarantor to the 1st respondent to enable the 1st respondent to obtain a personal loan from the Central Service Co-operative Society, for an amount of ₹10 lakhs.
W.P.(C) No.3442/2022
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to repay the amount in EMIs without default and it is the 2nd respondent who is not making arrangements for deduction of EMI amount from the salary of the 1st respondent. The petitioner therefore prays that the 2nd respondent be directed to collect and remit the amount of ₹1,75,000/- due from the
1st respondent to the Central Service Co-operative Society.
the learned counsel for the petitioner submitted that at this stage, the petitioner will be satisfied if the 2nd respondent is directed to consider Ext.P5 representation dated 19.01.2022 filed by the petitioner. Taking into account the facts of the case and after hearing the Standing Counsel for the Lakshadweep Administration, this Court is of the view that the writ petition can be disposed of with appropriate direction. The writ petition is accordingly disposed of directing the 2nd respondent to consider Ext.P5 representation submitted by the petitioner and pass appropriate orders thereon, after giving an opportunity of hearing to the petitioner and the 1st respondent, within a
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period of two months. The opportunity of hearing can be afforded through virtual mode / video conferencing if situation
so demands.
Sd/-
N. NAGARESH, JUDGE
aks/18.02.2022
W.P.(C) No.3442/2022
: 5 :
APPENDIX OF WP(C) 3442/2022
PETITIONER'S EXHIBITS
| Exhibit1 | TRUE CO |
PY O |
F THE GOVERNMENT |
|---|---|---|---|
| EMPLOYEE†THE PETITI |
™S IDE ONER DA |
NTITY CARD ISSUED TO TED 30-08-2019 |
|
| Exhibit2 | TRUE COPY ISSUED BY OF DISCHAR |
OF T LAKESHO GE AS D |
HE DISCHARGE SUMMARY RE HOSPITAL WITH DATE ATED 21-12-2020 |
| Exhibit3 | TRUE COPY PETITIONER OPERATIVE |
OF THE FROM SOCIETY |
LETTER ISSUED TO THE CENTRAL SERVICES CO- DATED 22-01-2022 |
| Exhibit4 |
TRUE COPY FOR ORDINA CO-OPERATI |
OF SPEC RY LOA VE SOCI |
IMEN APPLICATION FORM N OF CENTRAL SERVICES ETY |
| Exhibit5 | TRUE COP | Y OF | THE REPRESENTATION |
| FORWARDED RESPONDENT |
BY DATED |
PETITIONER TO 2ND 19-01-2022 |
1 issue framed by the court
Whether the 2nd respondent is directed to consider the petitioner's representation regarding loan eligibility.
M.K Mohammed Saleem
T.T Nisamudheen
Assistant Engineer, Electricity Department
N. Nagares
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
