IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 23262 of 2009(O) --------------------------------------- EP 574/2008 IN OS.670/2002 MUNSIFF COURT, THRISSUR .................... PETITIONER(S): --------------------- K.M. PRAKASAN, AGED 57 YEARS, S/O.K.V.MANI, KOLANGARAPARAMBIL HOUSE, EDAKKUNNI, P.O.THAIKATTUSSERY OLLUR, THRISSUR, PIN-680 001. BY ADV. MR.P.K.SAJEEV RESPONDENT(S): ------------------------ 1. THE FEDERAL BANK LTD., OLARIKKARA BRANCH, THRISSUR, PIN-680 001. 2. R. SUBRAMANIAN, S/O.RENGASWAMI, KUNNATH PUTHENVEETTIL HOUSE, PUTHURKARA, AYYANTHOLE, THRISSUR (NOW WORKING AS HEAD CLERK, PANCHAYATH OFFICE, PATTAMBI, PALAKKAD DISTRICT.), PIN-680 001. 3. A. REEJA, W/O.R.SUBRAMANIAN, KUNNATH PUTHENVEETTIL HOUSE, PUTHURKARA, AYYANTHOLE, THRISSUR, (NOW WORKING AS L.D.CLERK, KERALA WATER AUTHORITY, SUB DIVISION OFFICE, KUNNAMKULAM, THRISSUR.), PIN-680 001. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.23262 OF 2009 -------------------------- Dated this the 14th day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Direct the 1st respondent to proceed and take appropriate steps against the respondents 2 and 3 who are Government employees at the first instance to realise the decree debt. ii) Pass such other orders which this Hon'ble Court deem fit and proper grant in the interest of justice to the facts and circumstances of the case. W.P.(C).No.23262 OF 2009 Page numbers 2.Petitioner is the second judgment debtor in E.P No. 574 of 2008 in O.S No. 670 of 2002 on the file of the Munsiff Court, Thiruvananthapuram. The decree holder and other judgment debtors are the respondents. Petitioner in the writ petition seeks for issuing directions or orders to the execution court to proceed first against the principal debtor and only if steps against him is found impracticable then to proceed against the other judgment debtors including him. The relief so canvassed by the petitioner cannot be granted. The decree has been passed jointly and severally against the principal judgment debtor and his sureties / guarantors, the other judgment debtors. Writ petition lacks merits, and it is closed Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv