IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 WP(C).No. 2080 of 2009(V) ------------------------------------- PETITIONER(S): -------------------- A.V.BABU, S/O.LATE A.S.VELAYUDHAN, RAILWAY QUARTERS NO.4B,THURAVOOR, ALAPPUZHA DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): ---------------------- 1. SYNDICATE BANK, BANERJI ROAD BRANCH, ERNAKULAM-REPRESENTED BY ITS MANAGER. 2. DIVISIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM DIVISION, THIRUVANANTHAPURAM. 3. THE DIVISIONAL MANAGER, SOUTHERN RAILWAY THIRUVANANTHAPURAM DIVISION, THYCAUD, THIRUVANANTHAPURAM. 4. MRS.P.V.PRASANNAKUMARI, W/O.RAJENDRAN NAIR, CHETTUPARA HOUSE, P.O.PUTHUKKADAI, KANYAKUMARI DISTRICT, TAMIL NADU. 5. SRI.VIVEK.R.NAIR(MINOR),REPRESENTED BY HIS MOTHER,GUARDIAN & NEXT FRIEND MRS.P.V.PRASANNAKUMARI,W/O.LATE.RAJENDRAN NAIR, CHETTUPARA HOUSE,P.O.PUTHUKKADAI, KANYAKUMARI DIST, TAMIL NADU. 6. SRI.VISHNU.R.NAIR(MINOR),REP; BY HIS MOTHER,GUARDIAN & NEXT FRIEND MRS.P.V.PRASANNAKUMARI,W/O.LATE.RAJENDRAN NAIR, CHETTUPARA HOUSE, P.O.PUTHUKKADAI, KANYAKUMARI DIST, TAMIL NADU. SRI.R.S.KALKURA, SC FOR R1 SRI.N.B.SUNILNATH, SC FOR RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ============== W.P.(C) NO. 2080 OF 2009 (V) ==================== Dated this the 20th day of January, 2009 J U D G M E N T Petitioner seeks a direction to the 1st respondent to recover the loan amount due as shown in Ext.P1 from the arrears that are payable to the legal representatives of late Sri.Rajendran Nair. As is evident from the pleading itself, petitioner and late Sri.Rajendran Nair were working together as Railway employees. According to the petitioner, the deceased availed of loan from the Syndicate Bank and the petitioner was a surety. Default has been committed and proceedings are now initiated against the petitioner. In this writ petition the prayer is that the Railway should be directed to discharge the liability that is due to the Bank from out of the amounts that are due to the legal representatives of the deceased. 2. Admittedly, under the agreement signed by the petitioner with the Bank, the Bank is entitled to effect recovery from the petitioner. If the petitioner discharges the liability, the remedy available to the petitioner is to approach the Civil Court and recover the same from the estate of the deceased. This Court will not be justified in interfering in a contractual matter of this nature. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp