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Quilon

High Court Of Kerala|19 November, 2014
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JUDGMENT / ORDER

The petitioner seeks blanket orders from this Court in a petition under Article 226 of the Constitution. The declaration sought for is that the respondents are legally bound to pay to the petitioner the entire amount deducted from the salary of the employees under Section 37 of the Co-operative Societies Act, 1969. The petitioner contends that, when deductions were made, under Section 37, the KSRTC failed to pay the entire amounts deducted, and retained a portion of the same to set-off the rent payable by the Society to the KSRTC. 2. Ext.P1 does not at all indicate that the payment made is as per Section 37 of the Co- operative Societies Act. No specific instance is pointed out, wherein such deductions have not been paid over to the Bank. No borrower is also seen W.P(C)15564/2010 : 2 :
impleaded herein. Broad allegations are made to claim a declaratory relief. The claim for refunding an amount of Rs.19,855/- is not also supported by any documents. In any event, such recovery cannot be effected through a petition under Article 226 of the Constitution of India. In such circumstance, there is absolutely no purpose in keeping the writ petition pending. None of the prayers can be allowed under Article 226, on the unsubstantiated contentions raised or on the basis of an ex-parte decree obtained and produced at Ext.P2.
The writ petition would stand dismissed.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge
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Title

Quilon

Court

High Court Of Kerala

JudgmentDate
19 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri
  • Unnithan