IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
THE MANAGING COMMITTEE POLICE CO-OPERATIVE SOCIETY LTD. NO.T.696 – Appellant
Versus
THE STATE OF KERALA – Respondent
JUDGMENT
The petitioner is a Co-operative Society registered under the Kerala Co-operative Societies Act , 1969. The petitioner extended a loan to one Binoy Raj T in the year 2020. Ext.P1 is the loan application, and Ext.P2 is a copy of the loan ledger. The aforesaid Binoy Raj, expired on 19- 05-2022. The petitioner, therefore, sought for recovery of the amounts from the Death-cum-Retirement Gratuity (DCRG) payable to the legal heirs of the deceased Binoy Raj. The petitioner has approached this Court apprehending that, notwithstanding the demand made by the petitioner, the DCRG will be disbursed to the 4th respondent, namely the wife of late Binoy Raj, without deducting the amounts due to the petitioner.
2. The learned counsel appearing for the petitioner submits that, in the light of the judgment of this Court in Idukki District Police Co-operative Society Ltd. v. State of Kerala , 2026 KHC OnLine 96., the amendment to Ruling No.1 under Rule 3 of Part III of the KSR w.e.f 01.02.2025 will not apply to the loan sanctioned to late Binoy Raj, and therefore, even without any further consent from late Binoy Raj or his legal heirs, the amount can be recovered from the DCRG payable to
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