IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 4TH APRIL 2011 / 14TH CHAITHRA 1933 WP(C).No. 10544 of 2011(P) -------------------------- PETITIONER(S): --------------- P.RAVEENDRAN, AGED 55 YEARS, PREVENTIVE OFFICER, EXCISE RANGE OFFICE, PAPPINISSERY, KANNUR, RESIDING AT PUTHIYEDATH HOUSE, THOTTICHAL, KUNIYAN, KARIVELLOR P.O., THALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM, PIN-695 001. 2. DISTRICT COLLECTOR, KANNUR, PIN-670 001. 3. THE SPECIAL DEPUTY TAHASILDAR, KERALA STATE FINANCIAL ENTERPRISES LIMITED HASSAN ARCADE, OPPOSITE CIVIL STATION, KANNUR DISTRICT, PIN-670 001. 4. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY ITS MANAGER PAYYANNUR BRANCH, PAYYANNUR, KANNUR DISTRICT, PIN-670 141. 5. THE MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, THALIPAREMBA BRANCH, KANNUR DISTRICT, PIN-670 141. 6. THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES LIMITED, PAZHAYANGADI BRANCH, KANNUR DISTRICT, PIN-670 001. 7. THE DEPUTY EXCISE COMMISSIONER THE EXCISE DIVISIONAL OFFICE, KANNUR, PIN-670 001. 8. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, PAPPINISSERY, KANNUR DISTRICT, PIN-670 561. BY GOVT. PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J --------------------------------------- W.P(C) No.10544 of 2011-P ---------------------------------------- Dated this the 4th day of April, 2011. J U D G M E N T The petitioner had availed five numbers of chitty loans from respondents 4 to 6. The petitioner was working as a Preventive Officer in the Excise Department of the State Government. Consequent to default committed in repayment of the loan amounts, prohibitory orders as evidenced from Exts.P1 to P4 were issued for recovery of the amounts, from the salary of the petitioner. One of the contentions raised is that, the steps of recovery is effected in violation of the provisions contained under Section 60 of the Code of Civil Procedure. 2. It is admitted that the petitioner had retired from service with effected from 31.3.2011. As such the question of attachment of salary and any alleged violation of Section 60 of the Code of Civil Procedure does not survives for consideration. The petitioner had submitted Ext.P7 representation before the 3rd respondent for taking steps for W.P(C) No.10544 of 2011-P 2 recovery of the amounts from the terminal benefits available to the petitioner, due to his retirement. On that basis the petitioner is seeking to stay the recovery steps initiated against the guarantor, who is his colleague. It is evident that, by virtue of Ext.P5, prohibitory order was also issued with respect to attachment of salary of the co-obligant (guarantor). Since sufficient amount of terminal benefits will be available by virtue of retirement of the petitioner, it is contended that the entire dues can be recovered out of the terminal benefits without taking any coercive steps for attachment of salary of the guarantor. 3. Heard; standing counsel appearing for respondents 4 to 6. Considering the factual circumstances, I am of the view that it is for the 3rd respondent to consider the request made in Ext.P7 and to take a decision thereof. 4. Therefore, the writ petition is disposed of directing the 3rd respondent to consider and take appropriate decision on the basis of Ext.P7 representation, without any further delay. The needful shall be done at any W.P(C) No.10544 of 2011-P 3 rate within a period of two weeks from the date of receipt of a copy of this judgment. Sd/- C.K.ABDUL REHIM JUDGE //True Copy// P.A to Judge ab