IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 13498 of 2009(F) -------------------------- PETITIONER(S): ------------------ 1. P.M.GEORGE, CHECKING INSPECTOR K.S.R.T.C N.PARUR DEPOT, ERNAKULAM DISTRICT. 2. GEORGE PAUL, CHECKING INSPECTOR K.S.R.T.C PERINTHALMANNA DEPOT, MALAPPURAM DISTRICT. BY ADV. SRI.S.K.BALACHANDRAN RESPONDENT(S): ------------------- 1. SECRETARY, THE ALWAYE STATE TRANSPORT STAFF CO-OPERATIVE SOCIETY LTD.NO. E-1`58, BUS-STATION, ALWAYE -688 101. 2. P.P.PONNAN, DRIVER, K.S.R.T.C CHERTHALA DEPOT, ALAPPUZHA DISTRICT. 3. ASSISTANT TRANSPORT OFFICER K.S.R.T.C N.PARUR DEPOT, ERNAKULAM DISTRICT. 4. ASSISTANT TRANSPORT OFFICER K.S.R.T.C.PERINTHALMANNA DEPOT, MALAPPURAM DISTRICT. ADV. SRI.C.V.MILTON FOR R1 SRI.K.P.JUSTINE FOR R1 SRI.VINOD VALLIKAPPAN FOR R2 SRI.K.PRABHAKARAN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 13498 OF 2009 (F) ===================== Dated this the 11th day of June, 2009 J U D G M E N T The petitioners and the 2nd respondent had availed of loan of Rs.40,000/- each from the 1st respondent Society. Petitioners have discharged their liability, but the 2nd respondent defaulted. Being guarantors of the loan, recovery proceedings have been initiated against the petitioners. It is at that stage the writ petition is filed praying for a declaration that they are not liable to be proceeded against. 2. Having regard to the fact that the petitioners are also sureties, they cannot get themselves absolved of the liabilities so long as the liability remains undischarged, which is the admitted position as at present. However, the 2nd respondent, the principal debtor, is also having service left for another 11 months. Therefore, it is only appropriate that he too contributes to its liability. In view of this, the writ petition is disposed of directing that the 1st respondent shall take immediate steps for initiating WPC 13498/09 :2 : recovery against the 2nd respondent also and amount shall be recovered atleast at the rate at which the recovery is effected from the petitioners salary also. ANTONY DOMINIC, JUDGE Rp