THIRUVANANTHAPURAM SERVICE CO-OPERATIVE BANK LTD Vs. ASSISTANT REGISTRAR (GENERAL) OFFICE OF ASST REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner, which is a co-operative society registered under the Kerala Co-operative Societies Act, 1969, is before this Court in this writ petition filed under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents 1 and 2 to recover an amount of Rs.2, 00, 566/- with future interest from the retirement benefits of the 3rd respondent, including his DCRG, in terms of the consent given in Ext.P5, and to remit the same in respect of loan account No.OL13909. The petitioner has also sought for other consequential reliefs.

(2.) On 27.10.2017, when this writ petition came up for admission, the learned Government Pleader took notice for respondents 1 and This Court issued urgent notice by speed post to the third respondent, returnable within two weeks. This Court has also granted an interim order directing the first respondent to retain an amount of Rs.2, 00, 566/- from the pensionary benefits payable to the third respondent (wrongly stated as 'petitioner' in that order) other than gratuity for a period of one month.

(3.) Despite service of notice, none appeared for the third respondent. On 04.01.2018, when the writ petition came up for consideration, the learned Government Pleader was directed to get instructions as to whether the pensionary benefits including DCRG has already been disbursed to the third respondent.