IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 11683 of 2008(N) ------------------------------------ PETITIONER: -------------------- T. MURALEEDHARAN, S/O. PADMANABHAN NAIR, RESIDING AT 456 B, NEW COLONY, HEMAMBIKA NAGAR, KALLEKULANGARA, AKATHETHARA AMSOM, PALAKKAD TALUK. BY ADV. SRI.K.ANAND RESPONDENTS: -------------------------- 1. K. JAYAKUMAR, S/O. BALAKRISHNAN NAIR, RESIDING AT KRISHNAJALI, KALLEKULANGARA, AKATHETHARA AMSOM, PALAKKAD TALUK. 2. DIVISIONAL PERSONAL MANAGER, SOUTHERN RAILWAY, DIVISIONAL OFFICE, KALLEKULANGARA, PALAKKAD. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 11683 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Palakkad in I.A.4188/07 in O.S.286/07. It was an application filed under Order 21 Rule 46 CPC whereby the prayer was made to attach the amount with respect to the amount which the defendant is to receive on account of his voluntary retirement. It is also stated in the order that the amount is due as service benefits. I feel due to the absence of the defendants the matter was not properly approached before the Court below which resulted in the order. The decision rendered by the Madras High Court in the decision reported in Sathiyabama v. Palaniswamy (2004 (3) KLT SN 72 at page 53) throws light on the subject. It has been held in that decision that certain amounts specifically described therein is beyond attachment when it lies with the employer. These aspects have not been W.P.C 11683 OF 2008 -:2:- considered by the Court below at all and therefore I set aside the order passed by the Court below and direct the Court below to reconsider the matter afresh after hearing both sides. I make it clear that as an interim arrangement the writ petitioner shall not receive that amount without the permission of the Court. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-