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2024 Supreme(Online)(KER) 13233

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
THEVALAKKARA PANCHAYATH AGRICULTURAL IMPROVEMENT CO-OPERATIVE SOCIETY LTD NO. Q1556 – Appellant
Versus
UNION OF INDIA – Respondent


JUDGMENT

The petitioner is the Thevalakkara Panchayat Agricultural Improvement Co-operative Society. They contend that a certain Vidhaydharan Pillai, a member of the Society, availed an agricultural loan for a sum of Rs.50,000/- on 7.4.2018 based on Ext.P1 loan agreement. The 6th respondent herein, a certain Nadirsha, stood as surety. It is the case of the petitioner that the aforesaid Nadirsha consented to the Society for recovery from his salary if the principal debtor commits default in paying the monthly installments. They contend that the 3rd respondent has witnessed, consented, and attested to the agreement as is revealed from Ext.P2. When Vidhyadharan Pillai committed default, steps were taken to realize the amount from the surety. It is contended that in exercise of powers conferred under Section 37, the Society requested the disbursing authority, the Postmaster, to deduct the amounts from the salary of the 6th respondent by issuing Ext.P5 requisition. The 3rd respondent, however, refused to consider the request by holding that the existing Rules do not permit recovery from pay and allowances other than Court attachments. Challenging Ext.P6, this writ petition is filed. The

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