IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 W.P(C).No. 11292 of 2008(T) ---------------------------------- PETITIONER: -------------- K.GOPINATHAN NAIR, S/O.P.KESAVA PILLAI SREE SABARI, TC.68/1388, SREE BHADRA NAGAR PACHALLOOR, THIRUVANANTHAPURAM. BY ADV. SRI.G.SUDHEER RESPONDENTS: ----------------- 1. KERALA STATE FINANCIAL ENTERPRISES REPRESENTED BY ITS MANAGER, HEAD OFFICE THRISSUR P.O. 2. SPECIAL DEPUTY THASILDAR (R.R) K.S.F.E., THIRUVANANTHAPURAM. 3. STATE BANK OF TRAVANCORE VELLAYANI BRANCH, REPRESENTED BY ITS MANAGER. BY ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1-2 SRI.M.PATHROSE MATTHAI (SR.) FOR R.3 SRI.SAJI VARGHESE FOR R.3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 11292 OF 2008 (T) = = = = = = = = = = = = = = = Dated this the 10th day of July 2008 J U D G M E N T Petitioner submits that he is in receipt of defence pension and also pension from State bank of Travancore where he was an employee. According to the petitioner, he and his deceased wife were guarantors for certain liabilities towards the 1st respondent. Default was committed and the 1st respondent initiated recovery action that resulted in attachment of the petitioner's pensions. In this writ petition what is now prayed for is that the 1st respondent may recover its dues from the DCRG that is due from the additional 4th respondent for the services rendered by his deceased wife and that the attachment on his pension may be lifted. 2. I heard the counsel for the petitioner and the counsel for the 1st respondent also, whose interest only to realise their dues. 3. If as stated by the petitioner, DCRG due to his deceased wife, of which the petitioner is the only claimant, is available for the recovery of the dues of the 1st respondent, the 1st respondent can W.P.(C) No.11292/2008 (T) - 2 - take proceedings for realization of the DCRG. This is all the more so for the reason that the petitioner has agreed for such a course of action and as the liability to the 1st respondent is less than the amount that is stated to be due as DCRG. 4. In these circumstances, the writ petition is disposed of directing that respondents 1 and 2 shall take steps for realization of dues of the 1st respondent from the DCRG that is due to the petitioner's deceased wife. Necessary action in this regard will be taken as expeditiously as possible and completed within 6 weeks from today. If, on realization of the DCRG as above the liability is discharged, the attachment of the petitioner's pension that is due shall be lifted immediately thereafter. Writ petition is disposed of as above. ANTONY DOMINIC JUDGE jan/-