IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST JULY 2011 / 30TH ASHADHA 1933 WP(C).No. 15330 of 2009(I) -------------------------------------- PETITIONER(S): ------------------------ KASINADH K., AGED 47 YEARS, S/O.SRI.E.R.KARUNAKARAN NAIR, UPPER DIVISION CLERK, DIRECTORATE OF STATE WATER TRANSPORT DEPARTMENT, ALAPPUZHA RESIDING AT SANTHA BHAVAN, NEERATTUPURAM P.O., THIRUVALLA. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR SMT.VINAYAKUMARI RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE (S) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E.LIMITED, KUMARANASAN SMARAKA MANDIRAM, COURT ROAD, ALAPPUZHA. 4. THE DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, NEAR K.S.R.T.C., ALAPPUZHA. 5. THE BRANCH MANAGER, K.S.F.E.LIMITED, THEKKEKKARA, MONCOMPU, ALAPPUZHA. 6. THE BRANCH MANAGER, K.S.F.E.LIMITED, MULLACKAL, ALAPPUZHA. 7. SMT.GEETHA GOPAN, W/O.K.GOPALAKRISHNAN NAIR, SREE BALAKAMALAM, KAVALAM NORTH P.O., ALAPPUZHA. 8. K.GOPALAKRISHNAN NAIR, S/O.KUNJUKURUP, SREE BALAKAMALAM, KAVALAM NORTH P.O., ALAPPUZHA. R5 & R6 BY ADV.SRI.M.K.CHANDRA MOHANDAS,SC SRI.M.I.SAJEEVAN,SC R7 & R8 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.15330/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.SDT/ALP/4367/06-07 DATED 7/11/2006 TOGETHER WITH COVERING LETTER NO.RR/4367/06-07 DATED 7/11/2006 OF THE THIRD RESPONDENT. P2 COPY OF THE ORDER NO.SDT/ALP/4055/05-06 DATED 26/12/2005 WITH COVERING LETTER NO.RR/ALP/4055/05-06 DATED 26/12/2005 OF THE THIRD RESPONDENT. P3(A) COPY OF THE ORDER NO.RR/4367/4055/05-06 DATED 18/10/2007 OF THE THIRD RESPONDENT. P3(B) COPY OF THE NO.RR/4055/05-06, 4367/06-07 DATED 1/1/2008 OF THE THIRD RESPONDENT. P4 COPY OF THE LETTER NO.RR/ALP/4367/06-07 DATED 19/8/2006. P5 COPY OF THE LETTER DATED 10/11/2006 OF THE PETITIONER TO THE K.S.F.E WITH COPY TO THE THIRD RESPONDENT. P6(A) COPY OF THE REPRESENTATION DATED 13/8/2007. P6(B) COPY OF THE REMINDER DATED 25/1/2008. P7 COPY OF THE REPRESENTATION DATED 27/9/2007 P8 COPY OF THE LETTER NO.B10-45029/07 DATED 2/5/2009 OF THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.15330 OF 2009 ---------------------------------------------- Dated this the 21st day of July, 2011 JUDGMENT The petitioner is a surety for repayment of amounts due from respondents 7 and 8 to the Kerala State Financial Enterprises. The petitioner's grievance is that although the property belonging to the principal debtor has been attached for sale and realisation of the amount, the amounts are being recovered from the salary of the petitioner which is unjust and unreasonable. 2. The learned counsel for respondents 7 and 8 submits that they will pay off the entire amount due within a period of three months. This is recorded and the writ petition is disposed of with the following directions: If respondents 7 and 8 do not pay off the amounts within three months as promised, the attached property shall be sold and the amount realised. The petitioner shall be proceeded against for recovery only if the amount realised by such sale is not sufficient to satisfy the amount due from respondents 7 and 8 W.P.(C)No.15330/09 2 to the Kerala State Financial Enterprises, in which event the respondents 7 and 8 shall also be proceeded against for recovery of the balance, along with the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(C)No.15330/09 3