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Madras High Court · body

2014 DIGILAW 1930 (MAD)

P. Revathi v. Director of Postal Services

2014-07-04

R.MAHADEVAN

body2014
Judgment : 1. The case of the petitioner is that she is working as Postal Assistant under the Postal Department and she is also a member of the Postal and Telecom Employees Co-operative Thrift Society Limited, Dindigul. In the year 2001, the petitioner obtained a loan of Rs.1,00,000/-from the fourth respondent society and she repaid the said amount. The husband of the fifth respondent herein obtained a loan of Rs.1,00,000/-from the fourth respondent society, on 20.06.2001 and the petitioner stood as surety to the above said loan amount. Thereafter, the said amount was not deducted by the authority concerned, and thus, the husband of the fifth respondent has become defaulter. As the fourth respondent had taken steps to recover the said loan amount from the petitioner and issued a communication, dated 22.10.2009, to recover a sum of Rs.64,921/-, she has come forward to file the present Writ Petition seeking a direction to the respondents to take appropriate steps to recover a sum of Rs.64,921/- from the death cum retirement benefits of the fifth respondent, based on the representation, dated 20.12.2011. 2. The learned counsel appearing for the petitioner submits that the petitioner stood only as surety, and thus, for the default committed by the late husband of the fifth respondent, whose death cum retirement benefits can very well be attached, the amount cannot be recovered from the petitioner. 3. Heard the learned counsel appearing for the third respondent. There is no representation on behalf of the respondents 1, 2, 4 and 5. 4. Considering the above, a direction is issued to the respondents 1 to 4 to take appropriate steps to recover the defaulted amount from the death cum retirement benefits of the late husband of the fifth respondent, if the claim of default is otherwise proved. 5. The Writ Petition is disposed of on the above terms. No costs. Consequently, connected Miscellaneous Petition is closed.