IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 9758 of 2009(L) ------------------------------------ PETITIONER(S): ---------------------- S. JAYAPRAKASH, AGED 42 YEARS, S/O.SUKUMARAN NAIR, JAYAMOHANAM HOUSE, ELANTHOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENT(S): ------------------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., KOZHENCHERRY BRANCH, REPRESENTED BY ITS MANAGER, PATHANAMTHITTA DISTRICT. 2. THE SPECIAL DEPUTY TAHSILDAR (R.R.) THE K.S.F.E.LTD., KOLLAM-691 001. 3. THE VILLAGE OFFICER, ELANTHOOR VILLAGE, PATHANAMTHITTA DISTRICT. BY STANDING COUNSEL SRI.M.L.SAJEEVAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.M.JOSEPH, J. ------------------------------------------------------ W.P.(C) No.9758 of 2009-L ---------------------------------------------- Dated, this the 27th day of March, 2009 J U D G M E N T I heard learned counsel for the petitioner and learned counsel for the respondents. 2. Petitioner is a Government servant. Petitioner's wife divorced him and huge amounts were given back to her is the case of the petitioner. It is his further case that he has obtained various loans including from the Ist respondent. Now, the salary of the petitioner is under attachment. According to the petitioner, after attachment he is receiving nearly Rs.4,000/-. Learned standing counsel for the K.S.F.E. submits that petitioner has got eight accounts with K.S.F.E. and the present attachment is in relation to only one account and nearly Rs.75,000/- is pending in one account only. The learned counsel for the petitioner submits that, if the petitioner is permitted to pay off the amount due in the said account in instalments, he will be in a position to draw some more amount as salary. 3. Having heard the learned counsel for the WPC No. 9758/2009 -2- parties the writ petition is disposed of as follows: Ext.P2 will be kept in abeyance on condition that the petitioner remits the entire amount with due interest towards Ext.P2 account in five equal monthly instalments, the first of which shall be paid on or before 15.4.2009. The further instalments shall be paid on or before the 15th day of of every succeeding month. The Ist respondent will serve a statement on the petitioner showing the exact amount of instalments to be paid by the petitioner within ten days from today. If the petitioner does not pay any single instalment, petitioner will lose the benefit of this judgment and the respondents will be free to proceed against the petitioner in accordance with law. (K.M.JOSEPH) JUDGE. MS