Rajan vs Thumboor Service Co-Operative Bank Ltd

P.V.Kunhikrishnan, J.

This writ petition is filed with following prayers:

i. Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to stop the illegal attachment and to return the amount

illegally attached from the salary of the petitioner with regarding the loan transaction as MT.64/13, in the interest of justice.

ii. To pass any such or further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.

The grievance of the petitioner is that the petitioner's salary is attached by the 1st respondent Bank in a loan transaction as MT 64/13 in which the

petitioner is not a borrower or guarantor. Hence the writ petition is filed.

When this writ petition came up for consideration before this Court on 08.01.2020, this Court passed the following order:

 “Admit.

Notice by speed post to both respondents. Post on 03.02.2020 for the counter affidavit of the respondents.

There will be an interim stay, as prayed for, till then.â€​

Notice was ordered to the Bank. There is no appearance for the Bank. Therefore this Court suo motu impleaded the 3rd respondent and directed

the Government Pleader to get instructions. The Government Pleader, after getting instructions, submitted that after the interim order passed by this

Court, no recovery is effected.

The counsel for the petitioner submitted that the Bank has no authority to attach the salary of the petitioner, simply because the borrower/defaulter

is the wife of the petitioner. The counsel submitted that there is no contract between the petitioner and the 1st respondent for allowing them to recover

the defaulted amount from the salary of the petitioner. The counsel submitted that the already recovered amount is to be refunded to the petitioner.

The counsel submitted that the attitude of respondents 1 and 2 in not appearing before this Court itself shows that they are justifying their illegalities.

According to me, this matter can be considered by the 3rd respondent. The petitioner can file a representation before the 3rd respondent narrating

his grievances in detail. The 3rd respondent will consider the same after hearing the 1st respondent and pass appropriate orders in accordance to law.

Till then the interim order already passed by this Court will continue.

Therefore, this writ petition is disposed in the following manner:

The petitioner is free to file a representation before the 3rd respondent against the attachment of salary and to get refund of the amount already attached, within

three weeks from the date of receipt of a copy of this judgment.

If such a representation is received by the 3rd respondent from the petitioner, the 3rd respondent will treat it as an application under Section 69 of the Kerala Co-

operative Societies Act and decide the same after hearing the petitioner and respondents 1 and 2, and pass appropriate orders in accordance to law.

Till orders are passed by the 3rd respondent, the interim order passed by this Court will continue.