IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 WP(C).No. 31751 of 2007(E) ---------------------------------- PETITIONER(S): ------------------- V.K.SIVAN, S/O. LATE KRISHNAN, AGED 57 YEARS, RETIRED BALCKSMITH, K.S.R.T.C, REGIONAL WORKSHOP ALUVA, RESIDING AT VALIYEDATH HOUSE, NORTH EZHIPURAM, MARAMPILLY.P.O., ALUVA-7. BY ADVS. SRI.C.A.CHACKO SRI.N.A.SHAFEEK RESPONDENT(S): --------------------- 1. THE MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION,TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE MECHANICAL ENGINEER K.S.R.T.C, REGIONAL WORKSHOP ALUVA. 3. THE ASST. REGISTRAR (GENERAL), CO.OPERATIVE SOCIETY ASST.REGISTRAR (GENERAL),OFFICE, VYTHIRI, KALPETTA. 4. THE BRANCH MANANGER WAYANAD DISTRICT CO.OPERATIVE BANK LTD. SULTHAN BATHERI BRANCH. 5. RAMANI UNNI,W/O. UNNI, PUKKATTUPADI HOUSE SREEMOOLANAGARAM P.O., CHOWARA, ALUVA, PIN 683 580. R1 & R2 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR, SC., K.S.R.T.C. R4 BY ADV. SRI.MILLU DANDAPANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31751/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF AWARD DATED 14/05/2001 IN ARC NO.24/2001. P2: COPY OF CERTIFICATE DATED 31/07/2003 ISSUED BY ATO., S. BATHERI. P3: COPY OF LETTER DATED 27/06/2007 ISSUED BY THE 3RD RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 20/09/2007 MADE BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J --------------------------------------- WP(C) No. 31751 of 2007 --------------------------------------- Dated this the 2nd June, 2011 JUDGMENT The petitioner is a retired employee of the Kerala State Road Transport Corporation (for short, 'the Corporation). He was a surety for repayment of loan taken by a fellow employee by name, Unni, whose legal representative is the 5th respondent. The petitioner has filed this Writ Petition challenging the action of the respondents in deducting the amount from his retirement benefits towards the amount due from the said Unni to the 4th respondent bank. 2. The petitioner's submission is that the retirement benefits due to the deceased Unni are also available for proceeding against and, therefore, it is unjust and unreasonable to proceed against the retirement benefits of the petitioner. 3. I have considered the rival contentions in detail. 4. The liability of the principal debtor and surety is joint and several. It is up to the creditor to proceed against either of them or both of them. In this case, the petitioner himself has agreed to pay the amount due from Unni to the 3rd and 4th respondents, from the DCRG due to the petitioner. As such, he WP(C) No. 31751 of 2007 -: 2 :- cannot escape from the liability. But at the same time if the retirement benefits due to the late Unni are available, I do not see any plausible reason for respondents 1 to 4 not to proceed against that amount first before proceeding against the retirement benefits due to the petitioner. In this writ petition, as early as on 22/02/2008, I had directed the Kerala State Road Transport Corporation not to disburse the retirement benefits due to Unni whose legal heir is the 5th respondent. 5. In the above circumstances, I dispose of this Writ petition with the following directions:- If the retirement benefits due to the late Unni are still available with the Corporation, the amount due from Unni to respondents 1 and 2, shall first be recovered from the retirement benefits due to late Unni and only if the DCRG due to the late Unni is not sufficient to pay off the dues, the DCRG due to the petitioner shall be proceeded against. Orders in this regard shall be passed, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, smvd JUDGE WP(C) No. 31751 of 2007 -: 3 :-