IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 WP(C).No. 3003 of 2008(G) ------------------------- PETITIONER: ------------ J.MAJEED, AGED 56 YEARS, S/O.JAMAL MUHAMMED, BISMI BHAVAN, ARUVIPPURAM, KOONAN VENGA P.O., PANAVOOR, NEDUMANGADU. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS: ------------- 1. HUSSAIN.E.M., AGED ABOUT 50, P.V.HOUSE, ATTINPURAM, NEDUMANGADU, THIRUVANANTHAPURAM. 2. HALEEL.A., SHAHEEN MANZIL, PANAVOOR P.O., NEDUMANGADU, THIRUVANANTHAPURAM. 3. THE EXECUTIVE ENGINEER, K.S.E.B.ELECTRICAL DIVISION, NEDUMANGADU. 4. THE ACCOUNTS OFFICER, (PENSION SANCTION), VYDHUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 5. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LIMITED, REGIONAL OFFICE, SILVER JUBILEE BUILDING, THIRUVANANTHAPURAM. 6. THE MANAGER, K.S.F.E. LIMITED, VENJARAMOODU BRANCH, VENJARAMOODU, THIRUVANANTHAPURAM. 7. THE MANAGER, K.S.F.E. LIMITED, VAZHUTHACAUD BRANCH, VAZHUTHACAUD, THIRUVANANTHAPURAM. 8. THE MANAGER, K.S.F.E. LIMITED, NEDUMANGADU BRANCH, NEDUMANGADU, THIRUVANANTHAPURAM. WP(C).No. 3003 of 2008 2 9. THE MANAGER, THE K.S.F.E. LIMITED, KILIMANOOR BRANCH, KILIMANOOR, THIRUVANANTHAPURAM. BY ADV. SRI.P.P.THAJUDEEN, SC, K.S.E.B R5 TO R9 SRI.M.L.SAJEEV, SC KSFE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 3003 of 2008 -------------------------- Dated this the 15th February, 2008 J U D G M E N T While working as Overseer in Electrical Division, Kallara in Nedumangad K.S.E.B., petitioner retired from service on 31.3.2007. Apparently, while in service, he stood as a surety in relation to respondents 1 and 2 when they wanted to get the prize amount in a chit to which they had subscribed, from respondents 5 to 9. There was default in repayment of the amount and therefore proceedings were taken against the petitioner as also other sureties. Petitioner submits that an amount of Rs.1,40,000/- was recovered from the salary and refers to Exhibit P1 in this regard. He further submits that the recovery is sought to be effected even from his retirement benefits though that was not agreed to him. He further points out that principal debtors are persons of means and properties. Reference in this regard is made to Exhibits P3 and P4 Petitioner prays that respondents 5 to 9 may be directed to take proceedings against respondents 1 and 2 and their properties for W.P ( C) No. 3003 of 2008 2 recovery of the amounts due from them. A statement has been filed by respondents 6 to 9 as directed by this Court. They referred to the fact that according to them, the petitioner had agreed for recovery not only from the salary but also from his retirement benefits. Therefore, the petitioner cannot resist the proceedings for recovery from the terminal benefits due to him. 2. I have heard the Learned counsel for the petitioner and the learned standing counsel for the respondents 5 to 9. 3. No doubt, the petitioner cannot claim any exoneration from liability until the amount due to respondents 5 to 9 is discharged or there is any other act on the part of the creditor to discharge the surety as such. But nevertheless, if there are properties available with the principal debtors, there is no reason why an instrumentality of the State like 5th respondent should not ascertain the possibility of effecting recovery from such properties. In the result, the writ petition is disposed of in the following terms: i) The Regional Office of the KSFE, Thiruvananthapuram shall issue notice to the petitioner, respondents 1 and 2 and W.P ( C) No. 3003 of 2008 2 other sureties, who stood as guarantors in relation to respondents 1 and 2, within one month from the date of receipt of a copy of this judgment. ii) He shall then draw up a proceedings indicating the schedule of repayment. He shall also advert to the contentions of the petitioner that the principal debtors have sufficient assets with them. If there is any reason why recovery cannot be effected from the principal debtors, then the same must be clearly indicated in the proceedings to be drawn up as mentioned above. iii) The entire process as outlined above shall be completed within three months from the date of receipt of a copy of this judgment. Recovery from the retirement benefits due to the petitioner shall be kept in abeyance till such proceedings are drawn up and shall thereafter be subject to the orders to be passed by the Regional Manager in this regard. (V.GIRI, JUDGE) ma W.P ( C) No. 3003 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 3003 of 2008 2 ORDER 25th May, 2007