IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 18410 of 2006(N) -------------------------- PETITIONER(S): --------------- 1. MALLIKA DEVI, W/O. ANAND J.NAIR, CHAITHRAM, PUNUKKANOOR VILLAGE, KOLLAM. 2. GIRIJA KUKMARI M.R., W/O. SURESH, NANDANAM, KADAPPAKKADA, KOLLAM. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY FINANCE SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA ELECTRICAL & ALLIED ENGINEERING CO.LTD., P.B.NO.8, KUNDARA, KOLLAM, REPRESENTED BY ITS GENERAL MANAGER. 3. THE MANAGER, INDIAN OVERSEAS BANK, CHINNAKADA, KOLLAM. 4. BEENA A., W/O.MAHAMOOD ALIF, T.C.61/2136, MANAKKADU, THIRUVANANTHAPURAM. 5. SHERIN, T.C.61/2136, MANAKKADU, THIRUVANANTHAPURAM. ADV. SRI.P.B.SURESH KUMAR FOR R3 ADV.ASHOK M.CHERIAN, SC GOVT. PLEADER SHRI.ANTONY MUKKATH ADV.RAJASEKHARAN NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 18410/2006 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE CERTIFICATE DTD.18.8.04. P2. COPY OF THE CERTIFICATE DTD.10.8.04. P3. COPY OF THE LETTER DTD.2.5.06. P4. COPY OF THE NOTICE DTD.18.5.06. P5. COPY OF THE LOAN APPLICATION DTD.18.5.06 OF P1. P6. COPY OF THE LOAN APPLICATION DTD.18.8.04 OF P2. P7. COPY OF THE SALARY CERTIFICATE OF P1. P2. COPY OF THE SALARY CERTIFICATE OF P2. RESPONDENT(S)' EXHIBITS: R2A. COPY OF THE ATTACHMENT ORDER. B. COPY OF THE LETTER DTD.31.5.05. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.18410 of 2006 ================== Dated this the 19th day of January, 2011 J U D G M E N T The petitioners are guarantors of loan amount taken by one Mahamood from the 3rd respondent bank, whose legal heirs are respondents 4 and 5. The said Mahamood did not repay the loan amount. Proceedings were initiated for recovery of the loan amount form the salary of the petitioners. The petitioners are employees of the 2nd respondent. It is challenging the action of the employer in recovering the amounts from their salary, this writ petition has been filed seeking the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ order or direction compelling and commanding the 2nd respondent not to disburse the retirement benefits including gratuity of the deceased Mahamood to the respondents No.4 & 5 without deducting the amount due to the 3rd respondent by the deceased. b) To issue a writ of mandamus or any other appropriate writ order or direction compelling and commanding the 2nd respondent to deduct the amount outstanding in favour of the 3rd respondent from the benefits of the deceased Mahamood and remit the same with the 3rd respondent. c) To issue a writ in the nature of mandamus or any other writ, order or direction compelling and commanding the respondent Nos.2 & 3 not (sic) recover any amount from the salary of the petitioners towards the liability of the deceased Mahamood.” 2. Respondents 4 and 5 have filed I.A.No.733/2011 producing Ext.R4(a) certificate from the 3rd respondent to the effect that all amounts due from the said Mahamood have already been received from the 3rd respondent and, therefore, no amounts are outstanding to w.p.c.18410/06 2 be paid in respect of the said loan account. It is under the above circumstances, the writ petition was taken up for consideration. 3. The learned standing counsel for the 3rd respondent submits that as certified in Ext.R4(a), no more amounts are due from the legal heirs of late Mahamood in respect of his loan account. In view of the said position, it is clear that the petitioners cannot be proceeded against for recovery of the amounts due from late Mahamood to the 3rd respondent. It is declared so and the writ petition is disposed of accordingly. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge