IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 WP(C).No. 22817 of 2010(B) -------------------------- PETITIONER: --------------- T.K.ARUMUGHAN, KENDRIYA VIDYALAYA,NO.2 KOZHIKKODE, P.O.GOVINDAPURAM, KOZHIKKODE-695352. BY ADVS. MR.S.ARUN RAJ MR.P.DANIEL RESPONDENTS: --------------- 1. THE MANAGER, CANARA BANK, MAHILA BANKING BRANCH, PATTOM, THIRUVANANTHAPURAM 695004. 2. THE MANAGER, CANARA BANK, MAVOOR ROAD, KOZHIKKODE 673004. ADV. DR.PAULY MATHEW MURICKEN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 22817 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2010 J U D G M E N T The petitioner is a Group D Staff of the Kendriya Vidyalaya, No.2, Kozhikode. The petitioner availed of a loan from the respondent Bank. He committed default in repayment of the same. Petitioner has a Savings Bank Account with the respondent bank. To that account, the salary of the petitioner is being credited every month by his employer. Petitioner's grievance is that, for non-payment of the installments of loan, the respondents are refusing to disburse money from the petitioner's Savings Bank Account. Petitioner therefore seeks the following reliefs: “A) to issue a writ of mandamus or any other appropriate writ or order directing the respondents to lift the freezing of the S.B. Account of the Petitioner to make withdrawals for enabling him to meet his daily needs; B) to issue a writ of mandamus or any other appropriate writ or order directing the respondents not to take any action for recovery of the dues till the disposal of the O.S. No.1015 of 2009 filed by the 1st Respondent before the Munsiff Court III, Thiruvananthapuram.” W.P.(C)No. 22817 of 2010 -2- 2. I have heard the standing counsel for the respondents who would submits that, the loan amount due from the petitioner as on date is above Rs.60,000/- and therefore at least half of the amount credited in the petitioner's S.B. Account will have to be adjusted towards the loan account. 3. I have considered the rival contentions in detail. Petitioner has taken the loan fully knowing about his repayment capacity. As such after availing of the loan, he cannot take the contention that he will not pay any amount from his salary. The learned standing counsel submits that, last month, the amount credited to the petitioner's account as salary is Rs.9,640/-. In the above circumstances, I direct the respondents to disburse the amounts credited to the Savings Bank Account of the petitioner as salary and allowances every month after deducting and adjusting 40% of the same towards the petitioner's loan account. In respect of the salary credited for the months of June and July the amount shall be disbursed as directed above within W.P.(C)No. 22817 of 2010 -3- a week, and for subsequent months within one week from the date when the amounts of salary and allowances are credited in the S.B. Account of the petitioner. S. SIRI JAGAN JUDGE shg/