IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 13RD JANUARY 2010 / 23RD POUSHA 1931 WP(C).No. 11323 of 2007(W) ---------------------------------------- PETITIONER(S): ------------------------ 1. ANILKUMAR, S/O.SANKARAN ACHARI, SENIOR GRADE ASSISTANT, COLLEGE OF AGRICULTURE, VELLAYANI, THIRUVANANTHAPURAM, RESIDING AT T.C.17/141/PATTOM, THIRUVANANTHAPURAM. 2. HARIKUMAR, S/O.P.V.KURUP, ASSISTANT ENGINEER-II, ENGINEERING DIVISION, VELLAYANI, THIRUVANANTHAPURAM, RESIDING AT HOUSE NO.100, N.S.P.NAGAR, KESAVADASAPURAM, THIRUVANANTHAPURAM. BY ADV. MR.S.KRISHNAKUMAR RESPONDENT(S): ----------------------- 1. REGISTRAR, UNIVERSITY OF AGRICULTURE, MANNUTHI, TRISSUR. 2. THE ASSISTANT EXECUTIVE ENGINEER, COLLEGE OF AGRICULUTRE, VELLAYANI, THIRUVANANTHAPURAM. 3. THE SENIOR ADMINISTRATIVE OFFICER, COLLEGE OF AGRICULTURE, VELLAYANI, THIRUVANANTHAPURAM. 4. THE REGISTRAR, CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM. 5. THE SECRETARY, TRIVANDRUM CO-OPERATIVE URBAN BANK LTD. NO.1759, AYURVEDA COLLEGE, THIRUVANANTHAPURAM. 6. THE SALES OFFICER, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, GENERAL, THIRUVANANTHAPURAM. W.P.(C) NO.11323/2007 7. K.PHILIP GEORGE, (ASST), COLLEGE OF AGRICULTURE VELLAYANI, THIRUVANANTHAPURAM. 8. ANNAMMA PHILIP, W/O PHILIP GEORGE, T.C.1/1681, MEDICAL COLLEGE, THIRUVANANTHAPURAM. RR1 TO R3 BY ADV. MR.K.P.MUJEEB, SC, AGRL. UNIVERSITY. R4 BY BY GOVT. PLEADER MR.MR.K.S.MOHAMMED HASHIM BY ADVS. MR.GEORGE POONTHOTTAM FOR R5 MR.S.M.PREM FOR R7-8 SMT.K.P.SANTHI FOR R7-8 MR.P.RAMACHANDRAN (PALAKKAD) FOR R7-8 MR.P.K.NIJOY FOR R7-8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11323/2007 APPENDIX PETITIONER'S EXHIBITS P1(a) TO P1(q):- COPY OF THE INTIMATION ISSUED FROM THE 3RD RESPONDENTS OFFICE. P2:- COPY OF THE ORDER OF THE OTHER RESPONDENT. P3:- COPY OF THE LETTER SHOWING RECOVERY INTIMATED TO THE 5TH RESPONDENT. P4(a):- COPY OF THE OBJECTION DTD. 15.3.07. P4(b):- COPY OF THE STAY PETITION FILED BEFORE THE 6TH RESPONDENT. P5:- COPY OF THE RECEIPT DTD. 19.3.07. P6:- COPY OF THE ABEYANCE OF THE ORDER DTD. 19.3.07. P7:- COPY OF THE SUBMISSION 22.3.07. P8:- COPY OF THE PROCEEDINGS DTD. 24.3.07. P9:- COPY OF THE NON-LIABILITY OBTAINED BY THE 7TH RESPONDENT TILL 30.1.2003. P10:- LPC OF THE 7TH RESPONDENT ON 19.10.2006 WITH DETAILS OF RECOVERIES TSS BE EFFECTED . P11:- COPY OF THE LETTER ISSUED ON 4.4.07 BY THE 2ND RESPONDENT WITH THE CIRCULAR. P12:- COPY OF THE LETTER ISSUED ON 7.4.07 BY THE 2ND RESPONDENT. P13(a):- COPY OF THE LETTER NO.ESD/526/06 FROM THE 2ND RESPONDENT TO THE PUBLIC INFORMATION OFFICER, COLLEGE OF AGRICULTURE , VELLAYANI. P9:- COPY OF THE LETTER NO.728/09 ISSUED BY THE 5TH RESPONDENT(MJC/2009) TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.11323 of 2007 ---------------------------- Dated 13th January, 2010 JUDGMENT The petitioners and the 7th respondent are the employees of the Kerala Agricultural University. The eighth respondent is the wife of the 7th respondent. She had availed a loan from the Thiruvananthapuram Co-operative Urban Bank Ltd. The petitioners and the 7th respondent are sureties to the said loan transaction. When the 8th respondent defaulted repayment of the loan, the bank initiated steps to attach the salary of the petitioners and the 7th respondent. It is stated that the sum of Rs.15,000/= was thus realised from each of the petitioners. The bank thereafter initiated arbitration proceedings in which an award was passed and in execution of the said award, the salary of the petitioners and the 7th respondent was again attached. It is stated that thereupon the sum of Rs.10,000/= was remitted by the first petitioner and that pursuant to the directions issued by the 6th respondent the petitioners had remitted the sum of Rs.25,000/= on 19.3.2007. While the matters stood thus, the second respondent took steps to recover from the salary of the petitioners the sum of Rs.2,500/= per mensem. This writ petition was thereupon filed challenging the said action and seeking a writ in the WP(C).No.11323/2007 2 nature of mandamus commanding the respondents to initiate recovery proceedings against respondents 7 and 8 and not to attach the salary of the petitioners. 2. The first respondent has filed a statement dated 10.12.2009 wherein it is stated that the sum of Rs.2,94,645/= is available to be disbursed to creditors since salary has not been disbursed to the 7th respondent during the period from 26.11.2007 to 26.6.2009. It is stated that thereafter also 7th respondent has not been paid salary. It is also stated that an amount of Rs.3,32,500/= is required to settle the pending claims of various creditors including the fifth respondent bank. 3. Sri.George Poonthottam, the learned counsel appearing for the fifth respondent bank submits that as per the award passed by the Arbitrator in ARC No.116 of 2006, as on today the sum of Rs.3,04,964/= is due from the petitioners and respondents 7 and 8 and that the bank is willing to settle the loan account if the sum of Rs.2,52,616/= is paid under the OTS scheme on or before 31.1.2010. The learned counsel appearing for the 7th respondent very fairly submitted that the said amount can be recovered and paid from the salary of the 7th respondent that has been withheld and that the 7th respondent has no objection to such payment being made. The learned counsel also submitted that the balance amount of the withheld salary can be paid in proportion to the other creditors also. In the light of the said submission, I dispose of this writ petition with WP(C).No.11323/2007 3 the following directions: Respondents 1 to 3 shall pay over the sum of Rs.2,52,616/- from the withheld salary of the 7th respondent, to the 5th respondent bank on or before 31.1.2010. Such payment shall be made by account payee cheque. Upon such payment being made and the cheque encashed, the 5th respondent shall record full satisfaction of the award in ARC No.116 of 2006. It will be open to the petitioners to initiate appropriate proceedings against the 8th respondent, to recover the amount recovered from their salary by instituting appropriate proceedings. Respondents 1 to 3 shall after effecting payment as directed above, pay over the balance amount of the salary available with them to the creditors of the 7th respondent pro rata. P.N.RAVINDRAN Judge TKS