IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 16307 of 2008(N) -------------------------- PETITIONER: ------------ S. SONY, S/O. SANKUNNI, AGED 45 YEARS, KANNARKKATTU, MUHAMMA P.O., ALAPPUZHA. BY ADV. SRI.T.RAJESH RESPONDENTS: ------------- 1. ALAPPUZHA DISTRICT CO-OPERATIVE BANK, ALAPPUZHA REP. BY ITS BRANCH MANAGER, MANNANCHERRY BRANCH. 2. P.A. SAJEEB, S/O. ABDUL AZEEZ, THATTUPURAKKAL HOUSE, ARYAD NORTH. R1 BY ADV.SRI.V.G.ARUN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.16307 OF 2008 ------------------------------------------- Dated this the 2nd day of June, 2008 JUDGMENT The second respondent availed a loan from the first respondent. Petitioner is the guarantor. On default, the first respondent initiated proceedings for recovery from the salary of the petitioner. There is no legal impediment for such recovery since the first respondent has initiated appropriate statutory proceedings for the recovery. The loan is not disputed. The plea of the petitioner that the second respondent has assets, which can be proceeded against is no answer for the impugned recovery since the petitioner is the surety for the facility availed by the second respondent from the first respondent. In the result, without prejudice to the right of the petitioner, if any, in accordance with law, for contribution or restitution from the second respondent, this writ petition is dismissed. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.