IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH JULY 2010 / 16TH ASHADHA 1932 WP(C).No. 16060 of 2010(F) ---------------------------------------- PETITIONER(S): ------------------------ T.K.SUBRAMANIAN, S/O. KUTTAPPAN, AGED 50 YEARS, PLANT ATTENDER, MILMA, TRIPUNITHURA. BY ADV. SRI.PAUL K.VARGHESE RESPONDENT(S): ---------------------------- 1. THE ERNAKULAM URBAN CO-OPERATIVE SOCIETY, RAVIPURAM BRANCH, RAVIPURAM ROAD, KOCHI-60, REPRESENTED BY ITS SECRETARY/MANAGER. 2. ERNAKULAM REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LTD., ERNAKULAM DIARY, TRIPUNITHURA, REPRESENTED BY ITS GENERAL MANAGER. 3. SRI.V.C.ROBSON, S/O. SRI.CHANJAN, VENGATTU VEEDU, VADUTHALA P.O., KARIMKOTTA, ERNAKULAM DISTRICT. 4. M/S. CANARA BANK LTD., BROADWAY, ERNAKULAM, REPRESENTED BY ITS BRANCH MANAGER. R1 BY ADVS.SRI.M.M.MONAYE, SRI.M.PAUL VARGHESE. R2 BY SRI.B.S.KRISHNAN, SENIOR ADVOCATE, BY ADV.SRI.K.ANAND (A.201), SMT.LATHA KRISHNAN. R3 BY ADVS. SRI.C.K.JAYAKUMAR, SMT.E.SHEENA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:16060 OF 2010 F ----------------------------------------------------------- Dated this the 7th July, 2010. JUDGMENT The petitioner has filed this writ petition challenging the action taken by the first respondent, in recovering amounts from the salary of the petitioner towards the discharge of a debt that is due from the third respondent. The petitioner is a surety for the loan transaction. Since default in repayment of the loan was committed by the third respondent the first respondent has initiated action for recovery of the amount by deductions from the salary of the petitioner. 2. On receipt of notice in this writ petition, the third respondent has appeared through counsel. It is submitted by the counsel that the third respondent is willing to pay the entire outstanding amount and that it is not necessary to make any recovery from the salary of the petitioner towards the amounts due from him. If the third respondent pays the amounts that are due to the first respondent, it is not necessary to make any recovery from the salary of the petitioner. In view of the above undertaking, this writ petition can be disposed of with a direction to the third respondent to pay the amounts due. WPC 16060/2010 2 3. In the above circumstances, this writ petition is disposed of recording the undertaking of the third respondent to pay the amounts that are due to the first respondent, which shall be paid without delay or default. In the event of the third respondent committing any default in making the payment as undertaken, the fourth respondent shall recover the dues from the salary of the third respondent and remit the same to the first respondent. If the amount is so recovered from the third respondent it is needless to observe that proceedings against the petitioner need not be continued. K. SURENDRA MOHAN Judge jj WPC 16060/2010 3