IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 OP.No. 12240 of 2003(F) ------------------------------------ PETITIONER(S): ------------------------ K.K.BHASKARAN, S/O.KUTTAPPAN, AGED 52, LEADING FIREMAN, NO.3153, FIRES STATION, PAYYANNUR. BY ADV. SRI.K.S.MADHUSOODANAN SRI.C.P.PEETHAMBARAN RESPONDENT(S): ------------------------- 1. REGIONAL MANAGER, KERALA STATE DEVELOPMENT CORPORATION FOR SC/ST, REGIONAL OFFICE, KASARAGOD, P.O.KANHANGAD, 2. DISTRICT COLLECTOR, KANNUR. 3. SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY)II, KANNUR. 4. B.GANGADHARAN, S/O.LATE KUMARAN, VANNACHANDAVU, KORADUKA P.O., MULLERIYA, KASARAGOD, WORKING AS CLERK, MULLERIYA GRAMA PANCHAYATH OFFICE, MULLERIYA, KASARAGOD. 5. KADAGAM BALAN, DRIVER, S/O.LATE KUMARAN, NEAR KOTTACHERRY KUPPIPALAM, P.O.KARIVELLUR, PAYYANNUR VIA. ADV. SRI.SURESH KUMAR KODOTH FOR R4 GOVERNMENT PLEADER SRI.K.J.MOHAMMED ANZAR SRI.KALEESWARAM RAJ FOR R5 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.20940/2003 IN OP. NO.12240/2003 Dismissed 10.11.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER ISSUED BY THE IST RESPONDENT DT. 19.11.98. P2:- COPY OF THE AGREEMENT DT. 15.12.99. P3:- COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 7 DT. P3(a):- COPY OF THE DEMAND NOTICE ISSUED UNDER SECTION 33 DT. P4:- COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE THE IST RESPONDENT DT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P. No. 12240 of 2003 ----------------------------------------- Dated this the 10th day of November, 2008 JUDGMENT Petitioner is aggrieved by the steps taken by the first respondent for recovery of loan amounts advanced for purchasing a Tata 407 Mini lorry. The petitioner and the 4th respondent are sureties to the 5th respondent. As per the said agreement the liability is of the 4th respondent. Be that as it may since the liability is in respect of the vehicle, there will be a direction to the first respondent to proceed against the vehicle, whoever may be in possession of the vehicle. Only after exhausting the remedy against the vehicle the first respondent shall proceed against the 4th and 5th respondents and only thereafter the petitioner will be proceeded against. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.12240 of 2003 ----------------------------------- JUDGMENT 10th November, 2008