IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 10TH SEPTEMBER 2007 / 19TH BHADRA 1929 WP(C).No. 20891 of 2007(K) -------------------------- PETITIONER: ------------------ SMT.MARY CHRISTABAL D'CRUZE, SR.AUDITOR, ACCOUNTANT GENERAL'S OFFICE, RESIDING AT: T.C.27/44(1), PATTOOR, VANCHIYOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.C.R.BALRAJ RESPONDENTS: ---------------------- 1. PRINCIPAL ACCOUNTANT GENERAL(AUDIT), KERALA, THIRUVANANTHAPURAM. 2. MANAGER, THIRUVANANTHAPURAM DIST. CO.OP. BANK LTD., PETTAH BRANCH, THIRUVANANTHAPURAM. 3. SMT. T.TEKLA, MUNICIPAL STAFF QUARTERS, VIII/379, SANTHOSH LANE, ALUVA 683101. ADDL. R4 IMPLEADED. 4. SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. (ADDL. R4 IMPLEADED AS PER ORDER DATED 10.8.2007 IN I.A. 10941/2007.) R1 BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R2 BY ADV. SRI. V.G. ARUN & SRI.T.R.HARIKUMAR R3 BY ADV. SRI.GEORGE SEBASTIAN R4 BY GOVT. PLEADER SRI. P.K. RAVI KRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. 20891/2007. APPENDIX PETITIONER'S EXTS: EXT. P1 : TRUE COPY OF THE CERTIFICATE OF RECOVERY REMITTANCE ISSUED BY THE 1ST RESPONDENT. EXT. P2 : TRUE COPY OF THE MEMO DATED 6.6.2007 ISSUED BY THE 1ST RESPONDENT. EXT. P3 : TRUE COPY OF THE LETTER DATED 11/6/2007 ISSUED BY R3, TO THE OFFICE OF R1. K.M.JOSEPH, J. - - - - - - - - - - - - - - - - - - - - - - - - - WP.(C) No.20891 of 2007 - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of September, 2007. JUDGMENT Petitioner is a surety to a loan availed by the third respondent. Complaint is against the recovery proceedings launched against the petitioner vide Ext.P2 memo. Further prayer is to attach the DCRG of the third respondent for realising balance loan amount. Petitioner relies on Ext.P3. It is a letter written by the third respondent to the Accountant General Office. Therein it would appear that the third respondent is agreeable to have the amounts due to her as DCRG being recovered to clear the loan availed by her. It is specifically stated that she requested that no more amount will be recovered from the salary of the petitioner, who is working in the office of the Accountant General. 2. I heard learned counsel for the parties also. Learned counsel appearing on behalf of the third respondent reiterates that the third respondent is agreeable to the DCRG amount due to her being paid over to the second respondent Bank and she stands by Ext.P3 letter. In such circumstances, the writ petition is disposed of as follows: WPC.20891/2007. 2 The second respondent will forward a statement to the fourth respondent showing the amounts due from the third respondent. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. The fourth respondent, upon receipt of the statement showing the amount to be paid by the third respondent, shall pay over to the second respondent the amount sufficient to satisfy the loan amount from the DCRG due to the third respondent. The fourth respondent shall forward the amount within one month from the date of receipt of the statement from the second respondent. Ext.P2 shall not be enforced. (K.M. JOSEPH, JUDGE) sb