IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 10171 of 2008(J) -------------------------- PETITIONER: ------------ T.K.PONNAPPAN, SPECIAL VILLAGE OFFICER, KAINAKARI NORTH VILLAGE, KUTTANAD TALUK, ALLEPPEY DISTRICT. BY ADV. SRI.P.GEORGE WILLIAM RESPONDENTS: ------------- 1. SPECIAL DEPUTY TAHSILDAR, (REVENUE RECOVERY), THE KERALA STATE FINANCIAL ENTERPRISES LTD, KALLAI ROAD, KOZHIKODE - 2. 2. THE KERALA STATE FINANCIAL ENTERPRISES LTD, (A GOVERNMENT OF KERALA UNDERTAKING) P.B.NO.21, SULTHAN BATHERY - 673 592. 3. THE TAHSILDAR, KUTTANADU TALUK OFFICE, ALAPPUZHA DISTRICT. R1 AND R2 BY ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. R3 BY G.P. SRI. MATHEW VADAKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 10171 OF 2008 -------------------------------------------- Dated this the 31st day of March, 2008 JUDGMENT Petitioner is challenging recovery proceedings on the ground that recovery is through attachment of salary in excess of the limit provided under Section 60(1)(i) of the CPC. Section 80 of the R.R. Act incorporates Section 60 of the CPC and recovery through attachment of salary should be subject to limits provided in the above provision of the CPC. This position is declared and respondents are directed to limit the recovery strictly in accordance with Section 60(1)(i) of the CPC. So far as recovery through attachment and sale of movable and immovable properties of the petitioner are concerned, respondents are free to proceed in accordance with RR Act and since petitioner has a complaint that defaulter is not proceeded against, there will be direction to respondents to proceed against the defaulter on petitioner furnishing details of assets of the defaulter. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2