IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 WP(C).No. 2863 of 2010(G) ------------------------------------- PETITIONER: ------------------- A.V.SUBRAMANIAN, ARAKKAPARAMBIL HOUSE, VALLARPADAM.P.O., ERNAKULAM DISTRICT. BY ADVS. SRI.M.M.SAIDU MUHAMMED, SMT.REENA MATHEW (THEVALAKKATTU). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE OFFICE, KAKKANAD, ERNAKULAM. 3. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM COCHIN-11. 4. KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., 4TH FLOOR, G.C.D.A. COMMERCIAL COMPLEX, MARINE DRIVE, COCHIN-31, REPRESENTED BY THE ASSISTANT MANAGER, (BRANCH) ERNAKULAM. 5. SMT. TREESA ANTONY, PALLAMPALLY HOUSE, THOPPUMPADY.P.O., THOPPUMPADY, ERNAKULAM. *ADDITIONAL R6 IMPLEADED: 6. SRI.SHIYAS, THURUTHYPALLY VEEDU, PANAVALLY, CHERTHALA, ALLEPPEY DISTRICT. (ADDL.R6 IS IMPLEADED AS PER ORDER DATED 18.03.2010 IN I.A.3685/2010. **ADDITIONAL R7 IMPLEADED: 7.TAHSILDAR, CHERTHALA TALUK OFFICE, CHERTHALA. (ADDL.R7 IS IMPLEADED AS PER ORDER DATED 13.08.2010 IN I.A.NO.11042/2010) W.P.(C).NO.2863/2010-G: ***ADDITIONAL RESPONDENTS 8 & 9 IMPLEADED: 8. SENIOR SUPERINTENDENT, KERALA WATER TRANSPORT DEPARTMENT, MEGHALA OFFICE, BOAT JETTY, ERNAKULAM, COCHIN - 11. 9. DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA. (ADDL.R8 & R9 ARE IMPLEADED AS PER ORDER DATED 05.09.2011 IN I.A.NO.14747/2011). ****ADDITIONAL RESPONDENTS 10 & 11 IMPLEADED: 10. K.K. JAYACHANDRAN, PADATH HOUSE, NAYARAMBALAM NEDUNGAD.P.O., ERNAKULAM, PIN - 682 509. 11. V.K. BABU, VATTAKATUKARA HOUSE, NARAKKAL, PRESENTLY RESIDING AT C/O. MEENAKSHI KESAVAN, KALATHITHARA HOUSE, VALAPPU, MALIPPURAM.P.O, ERNAKULAM, PIN - 682 511. (ADDITIONAL RESPONDENTS 10 & 11 ARE IMPLEADED AS PER DATED 04/10/2011 IN I.A. NO. 15067/2011). R1 TO R3 & ADDL.R7 TO R9 GOVERNMENT PLEADER SRI. BEJOY CHANDRAN, R4 BY SRI.K.R.B.KAIMAL, SENIOR ADVOCATE, ADV. SRI.B.UNNIKRISHNA KAIMAL, R6 BY ADV. SRI.K.M.VARGHESE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.2863/2010-G: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE NOTICE DTD. 22/07/09 ISSUED BY THE R.4. TO THE PETITIONER. EXT.P.2: COPY OF THE REPLY NOTICE DTD. 06/08/09 ISSUED TO THE R.4. BY THE PETITIONER. EXT.P.3: COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING THE ACCEPTANCE OF THE REPLY NOTICE BY THE RESPONDENT DTD. 18/08/09. EXT.P.4: COPY OF THE DEMAND NOTICE DTD. 16/12/09 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.5: COPY OF THE NOTICE DTD. NIL. ALONG WITH EXT.P.4. EXT.P.6: COPY OF THE REQUEST DTD. 15/09/2011 MADE BY THE PETITIONER FOR EXONERATION UNDER ONE TIME SETTLEMENT SUBMITTED TO THE R.4. BY HAND ON 15/09/2011. RESPONDENT'S EXHIBITS:- EXT.R4.A: COPY OF THE HYPOTHECATION AGREEMENT DTD. 10/12/2002. EXT.R4.B: COPY OF THE GUARANTEE AGREEMENT DTD. 10/12/2002. EXT.R4.C: COPY OF THE EMPLOYMENT CERTIFICATE CUM UNDERTAKING EXECUTED BY THE PETITIONER. EXT.R4.D: COPY OF THE STATEMENT OF ACCOUNTS REGARDING THE DETAILS OF LOAN AMOUNT AND RECOVERIES MADE FROM THE SALARY OF THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Prv. S.SIRI JAGAN, J. ================== W.P.(C).No. 2863 of 2010 ================== Dated this the 4th day of October, 2011 J U D G M E N T The petitioner is a guarantor for certain amounts due from the 5th respondent to the 4th respondent. The petitioner now submits that this writ petition itself may be disposed of with a direction to the 4th respondent to consider and pass orders on Ext.P6 expeditiously. Having heard the learned counsel for the 4th respondent as well as the learned Government Pleader, I dispose of this writ petition with a direction to the 4th respondent to consider and pass orders on Ext.P6, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Till orders are pass as directed above, further coercive proceedings for recovery of the amount shall be kept in abeyance. Interlocutory applications stand closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge