IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 25TH JANUARY 2010 / 5TH MAGHA 1931 WP(C).No. 2336 of 2010(O) ------------------------- AGAINST THE ORDER IN EP.92/2009 IN ARC.1619/2008 of PRL.MUNSIFF, KASARAGOD .................... PETITIONER(S): --------------- A.K.ABDUL BASHEER, NURSING ASSISTANT, AGED 48 YEARS, GOVERNMENT GENERAL HOSPITAL, KASARGOD, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): --------------- 1. THE KASARGOD TALUK PUBLIC SERVANTS CO-OPERATIVE SOCIETY,REPRESENTED BY ITS SECRETARY, K.RAGHAVAN, KASARGOD POST, TALU AND DISTRICT. 2. RATNAKARAN.V, ATTENDER, AGED 46 YEARS, ATTENDER GRADE II, GOVERNMENT HOSPITAL KASARGOD, KASARGOD.P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. ........................................... W.P.(C).No.2336 OF 2010 ............................................. Dated this the 25th day of January, 2010. J U D G M E N T This writ petition is preferred to set aside Ext.P3 order contending that order of attachment of Rs.2,000/= from the salary is illegal and therefore be vacated. When the matter came up for hearing, the learned counsel would point out to me by production of Ext.P4 that there is already an attachment for another decree debt. So it has come necessary now to find out what is the salary that is to be taken into account, what are the deductions to be made, what is the total salary that can be attached, what is being attached now, if there is any remainder, that alone can be attached in this case etc. I think, the matter requires reconsideration in that angle. Therefore the order under challenge is set aside and the matter is remitted back to the trial court for fresh consideration and the petitioner is directed to appear on 25.2.2010 and take out notice to the decree holder so as to hear him before finally disposing of the matter. Till that : 2 : W.P.(C).No.2336 OF 2010 time, let the recovery be not effected. M.N. KRISHNAN, JUDGE cl : 3 : W.P.(C).No.2336 OF 2010