IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 21026 of 2008(C) -------------------------- PETITIONER: -------------- SHAHABDEEN, AGED 53, S/O.ABU SHAHMAN KUNJU, SHABNA COTTAGE, PANAVOOR P.O., THIRUVANANTHAPURAM, NOW WORKING AT EXECUTIVE OFFICER, DISTRICT CO-OPERATIVE BANK, THIRUVANANTHAPURAM AND ON DEPUTATION AS GENERAL MANAGER, I.C.D.P. THIRUVANANTHAPURAM. BY ADV. SRI.THIRUMALA P.K.MANI RESPONDENTS: ----------------- 1. THE MANAGER, KERALA STATE FINANCIAL FINANCIAL ENTERPRISES, KADAKKAL, KOLLAM. 2. THE DEPUTY TAHSILDAR (RR), KERALA STATE FINANCIAL ENTERPRISES, KOLLAM. 3. THE CHAIRMAN, KERALA STATE FINANCIAL ENTERPRISES, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 4. E.M.HUSSAIN, P.V.HOUSE, CHUVAKKAD, ATTINPURAM, NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 21026 OF 2008 C ==================== Dated this the 22nd day of July, 2008 J U D G M E N T Petitioner was a surety to the 4th respondent, who had subscribed a chitty with the 1st respondent and the same was prized. Default was committed by the 4th respondent leading to recovery from the petitioner's salary. In this writ petition, what the petitioner contends is that respondents have already sold a landed property belonging to the 4th respondent and have realised excess amounts which are retained by them and that the amount so available should be adjusted towards the liability to which he is the surety. It is claiming this benefit petitioner has filed Ext.P3 representation before the 3rd respondent. 2. In this writ petition, all that is sought for by the petitioner is that the 3rd respondent may be directed to consider Ext.P3 and pass appropriate orders thereon. 3. In view of the limited nature of the relief that is sought for, the writ petition is disposed of directing that if Ext.P3 has been received and is pending, the 3rd respondent shall take a decision thereon, as expeditiously as possible, at any rate within 4 weeks of production of a WPC 21026/08 :2 : copy of this judgment. Writ petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE Rp