IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 WP(C).No. 12042 of 2006(H) -------------------------- PETITIONER(S): --------------- M.S.RAJAMMA, CHOORAKUTTICAL HOUSE, CHENGAROOR P.O., MALAPPALLY, PATHANAMTHITTA-689645 BY ADV. SMT.SHAHNA KARTHIKEYAN RESPONDENT(S): --------------- 1. SPECIAL TAHASILDAR(RR), KSFE LIMITED, KOLLAM-691 001. 2. SPECIAL DEPUTY TAHSILDAR (RR), KSFE LIMITED, KCHERIPADY, ERNAKULAM, KOCHIN-682 018. 3. THASILDAR, TALUK OFFICE, CHANGANACHERRY, KOTTAYAM DISTRICT. 4. DEEPA K.R., EDAVALANJIYIL HOUSE, PANDALAM, PATHANAMTHITTA DISTRICT. 5. JAYAPRAKASH S., U.D.C., R.D.O. OFFICE, KOTTAYAM. 6. S.KRISHNA KUMAR, VILLAGE OFFICER, VALAYAM VILLAGE, VATAKARA TALUK, KOZHIKODE DISTRICT. 7. V.D.JOHN, SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LIMITED, KOTTAYAM. 8. KERALA STATE FINANCIAL ENTERPRISES LTD., REGISTERED OFFICE, CHIRAKULAM ROAD, THIRUVANANTHAPURAM-1, REPRESENTED BY ITS SECRETARY. ADV. SRI.RAJU JOSEPH, ADDL.SC.,KSFE LTD. FOR R8 SRI.S.SHANAVAS KHAN FOR R5 SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12042/2006 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE petitioner, DATED 15/11/2005. P2 : COPY OF THE NOTICE ISSUED by the 2ND RESPONDENT TO THE PETITIONER, DATED 13/02/2006. P3 : COPY OF THE PROHIBITORY ORDER DATED 27/02/2006 ISSUED BY THE 1ST RESPONDENT TO THE 3RD RESPONDENT. P4 : COPY OF THE PROHIBITORY ORDER DATED 25/03/2006 ISSUED BYTHE 2ND RESPONDENT TO THE 3RD RESPONDENT. P5 : COPY OF THE SALARY CERTIFICATE DATED 01/04/2006 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P6 : COPY OF THE CERTIFICATE DATED 01/04/2006 BY THE PATHANAMTHITTA DISTRICT CO-OP. BANK LTD. //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR, J. ------------------------- W.P.(C) No. 12042 of 2006 --------------------------------- Dated, this the 29th day of August, 2008 J U D G M E N T Petitioner is challenging recovery proceedings for recovery of arrears due from 4th & 5th respondents for whom petitioner stood as surety. Learned Standing Counsel for the KSFE pointed out that there is no instruction in the matter. Even though KSFE is a party, no statement is filed and the present position of recovery is not made known to the Court. Since petitioner is a surety, recovery can be continued against the petitioner, if default continues. Similarly, other sureties also should be proceeded against for recovery. However, on equitable ground, there will be direction to the recovery authority to first proceed for recovery against the defaulter, if petitioner identifies the properties of the defaulter and if recovery is not possible, to proceed against sureties. The writ petition is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) jg