IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 6803 of 2010(A) ------------------------- PETITIONER: --------------- MR.SHYMON JOSEPH, L.D.C., DISTRICT POLICE OFFICE, IDUKKI, NOW WORKING AT OFFICE OF DEPUTY SUPERINTENDENT OF POLICE, MUNNAR. BY ADV. SRI.C.ARUN PRASANTH SRI.ANOOP MATHEW ABRAHAM SRI.A.S.BRIJESH SMT.ROOPA RAMACHANDRAN RESPONDENTS: --------------- 1. THE KERALA STATE FINANCIAL ENTERPRISE LIMITED, REG. OFFICE AT 'BHADRATHA', THRISSUR-680 020, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR. 2. THE BRANCH MANAGER, THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, KATTAPPANA BRANCH, CENTRAL JUNCTION, KATTAPPANA. 3. THE ACCOUNTS OFFICER, DISTRICT POLICE OFFICE, IDUKKI. 4. SHIBU JOSEPH, EDAYIDATHU, BETHEL P.O., MELECHINNAR. R1 & R2 BY ADV. SRI.M.SASINDRAN, SC, K.S.F.E., LTD. BY GOVERNMENT PLEADER ADV. MR. BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 6803 OF 2010 ......................................................................... Dated this the 25th May , 2010 J U D G M E N T The petitioner is before this Court with the following prayers: “i) to issue a writ of certiorari or any other writ or order quashing Exhibit P2 notice issued y the second respondent. ii) to issue a writ of Mandamus or other appropriate writ, order or direction directing the second respondent not recover the dues of the fourth respondent from the salary of the petitioner; and iii) to grant such other reliefs as this Hon'ble Court may be pleased to deem fit and proper to grant in the circumstances of the case.” 2. The petitioner was a surety to the loan availed by the 4th W.P.(C) No. 6803 OF 2010 2 respondent from the second respondent . Because of the default committed by the 4th respondent, the second respondent has proceeded with further steps, which made the petitioner to approach this Court by filing the present Writ Petition. 3. Respondents No. 1 and 2 have filed a counter affidavit seeking to sustain the course pursued by the said respondents and also pointing out the extent of liability, i.e. Rs. 30000/- plus interest as on date from 29.07.2009. The learned Counsel for the petitioner submits that the petitioner does not intend to press any of the grounds raised in the Writ Petition, but for seeking some breathing time so as to enable the petitioner to clear the liability in a phased manner. 4. After hearing both the sides, this Court finds it fit and proper to permit the petitioner to clear the liability by some installments. Accordingly, the petitioner is directed to clear the outstanding liability by way of 'four' equal monthly installments , the first of which shall be effected on or before 25.06.2010; to be followed by similar installments to be effected on or before the 25th of the succeeding months. Subject to W.P.(C) No. 6803 OF 2010 3 this, the recovery proceedings stated as being pursued against the petitioner shall be kept in abeyance. It is made clear that, if any default is committed by the petitioner in effecting the installments as above, the respondents will be at liberty to proceed with further steps for realisation of the amount in a lump sum, from the stage where it stands now. The Writ Petition is disposed of. P.R. RAMACHANDRA MENON, JUDGE. lk