IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH APRIL 2008 / 18TH CHAITHRA 1930 WP(C).No. 11729 of 2008(U) -------------------------- AGAINST THE ORDER IN EP.695/2007 IN OS.3554/2003 of III ADDL. M.C.,THRISSUR PETITIONER: M.K. SEBASTIAN, AGED 57 YEARS, S/O. LATE KUNJU VAREED, MULLAKKARA HOUSE, PERAMANGALAM VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT, PIN-680 545. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENTS: BAHULEYAN, S/O. KARAYIL KRISHNAN, MANALUR VILLAGE, DESOM, THRISSUR. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J = = = = = = = = = = = = = = = = W.P.(C).No. 11729 OF 2008 = = = = = = = = = = = = = Dated this the 7th day of April, 2008. = = = = = = = = == = = = = = = = = = = J U D G M E N T This writ petition is preferred for a direction to the III Addl. Munsiff, Thrissur, to consider Ext.P2 objections and P4,P6and P7 documents and to defer the recovery of the salary from the petitioner. The court by Ext.P5 order ordered attachment of Rs.4,000/- as salary per month. The learned counsel for the writ petitioner would submit after deductions the carry home salary is 23 paise only which is very hard and therefore prays for indulgence. 2. I heard the learned counsel for the writ petitioner and perused documents produced. The basic salary of the petitioner is Rs.14,890/- after deducting Rs.1,000/- and also 2/3 of the balance attachable salary is Rs. 4,613/-. In the decision reported in Sasidharan v. K.C.T.S.S. Sangam (1994(1)KLT 429), this Court had held that the amount which has to be deposited as provident fund, LIC or family benefit scheme are not exempted from attachment. Similarly the other loans taken are also not W.P.(C).No. 11729 OF 2008 2 exempted from attachment. Therefore the attachable salary will come to Rs.4,613/-. But is is a fact that the carry home salary is only 23 paise. Therefore this is a case where after hearing the decree holder the court can take some lenient view so that the writ petitioner can also exist. I direct the authorities not to effect recovery of salary of Rs.4,000/- during the month of May, 2008 and meanwhile, immediately on the reopening date of the court the writ petitioner can file a petition before the court below for showing leniency and after hearing the decree holder and taking totality of the circumstances, court may pass an order whereby the writ petitioner is at least in a position to live. With these observations this writ petition is disposed of. M.N.KRISHNAN, JUDGE bkn/-