IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 4212 of 2010(O) ------------------------------------- O.S.91/2007 OF SUB COURT, NEYYATTINKARA. .............. PETITIONER(S): ---------------------- VISWANATHAN, S/O.MADHAVAN, MINI MANDIRAM, PULLUVILA, KARUMKULAM DESOM, NEYYATTINKARA TALUK, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.R.MANOJ, SMT.SUSAN MATHEW, MR.N.S. RAVINDRANATH. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF TRANSPORT, STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE ROAD TRANSPORT CORPORATION, THIRUVANANTHAPURAM. 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, POOVAR DEPARTMENT, THIRUVANANTHAPURAM. 4. JOSEPH SATHYADAS, DHANYYAYIL, LOORDUPURAM, NEYYATTINKARA. R1 BY GOVERNMENT PLEADER MR.P.K. RAVIKRISHNAN. R2 & R3 BY ADV. MR.V.V. NANDAGOPAL NAMBIAR, SC, KSRTC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.BHAVADASAN, J. ---------------------------------------- WP(C) No.4212 of 2010-O ---------------------------------------- Dated 17th February 2010 Judgment The petitioner obtained a money decree against the 4th respondent in OS No.91/07 of the Sub Court, Neyyattinkara. The Judgment in the said suit is produced as Ext.P1. It seems, the decree holder took out execution by filing an EP. 2. The 4th respondent, who is the judgment debtor, was an employee of the KSRTC. He retired on 31.12.2007. Amounts were due to him as retirement benefits. Therefore, the decree holder initiated garnishee proceedings and sought attachment of the amount held by the KSRTC, which was due to the judgment debtor. An order was passed against the KSRTC. Respondents 2 and 3 replied, stating that a scheme has been evolved as per the directions issued by this Court in a Writ Petition by which the retirement benefits could be disbursed only in accordance with seniority and the turn of the judgment debtor has not yet arrived. As and when the turn arrives, the amounts would be paid, it was submitted. WPC 4212/10 2 3. To say the least, the defence has no basis. The Sub Court, Neyyattinkara has ordered attachment and it is bound to be honoured. The KSRTC shall comply with the order issued by the Sub Court as evidenced by Ext.P2 as expeditiously as possible. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 4212/10 3