IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 3581 of 2008(B) ------------------------- PETITIONER: ------------ V. MANAPPULLY, S/O. VELAYUDHAN, AGED 58 YEARS, NEDUMPALLAM HOUSE, VANDITHAVALAM PO PALAKKAD DISTRICT. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, PALAKKAD. 2. TAHSILDAR (R.R), CHITTUR, PALAKKAD. 3. THE REGIONAL MANAGER, KSDC FOR SCS/STS LTD., REGIONAL OFFICE, METTUPPALAYAM ST., PALAKKAD. 4. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, CHITTUR, PALAKKAD. BY ADV. SRI.M.K.CHANDRA MOHANDAS (SC) GP SRI. MATHEW GEORGE VADAKKEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).3581/2008 -------------------- Dated this the 12th day of March, 2008 JUDGMENT Petitioner stood as a surety for a loan sanctioned by the third respondent in favour of one Madhavan. Apparently, there was default in the re-payment of the loan and Ext.P1 notice was issued seeking recovery of the amount of Rs.1,83,000/-. It seems that recovery was effected from the salary of the other surety and an amount of Rs.28,000/- has been recovered so far. The said surety has also agreed for continued adjustment to the extent of Rs.1,000/- from the salary, going by the counter affidavit filed by the third respondent. 2. In so far as the petitioner is concerned, he has agreed for adjustment of the entire amount of DCRG sanctioned in his favour towards re-payment of the loan availed by the principal debtor. Sanctioned amount therefore, has to be credited to the account of the third respondent. Paragraph 3 of the counter affidavit filed by the third respondent reads as follows:- W.P.(C).3581/2008 2 “It is submitted that as the Revenue Recovery Proceedings has been initiated by the Revenue Authorities the respondent Corporation is unable to intervene in the Revenue Recovery Proceedings. However, as and when the entire amount of DCRG sanctioned to the petitioner is made available to the Corporation his part of the liability will be treated as discharged. So when the fourth respondent forwards the DCRG to this respondent the petitioner will be free from the Revenue Recovery Proceedings provided the petitioner should be willing to remit the interest accrued after initiation of Revenue Recovery Proceedings. The Corporation has no prejudice against the petitioner.” 3. The above submission made by the third respondent is recorded. 4. In the circumstances, writ petition is disposed of W.P.(C).3581/2008 3 directing the fourth respondent to draw up a demand draft for the amount of Rs.1,14,090/- sanctioned as per Ext.P3 and forward it to the third respondent. This shall be done within a period of one month from the date of receipt of a copy of this judgment. When such amount is received, petitioner shall be treated as discharged from recovery proceedings. 5. I note that the third respondent has made a claim for interest, which has accrued after the initiation of recovery proceedings. But since the gratuity was sanctioned as early as on 6.7.2004 and the amount has, still, not been disbursed to the petitioner and the petitioner had even earlier expressed his willingness for the adjustment of the entire DCRG towards the re- payment of the loan in favour of the third respondent notwithstanding the fact that he is only a surety, I direct that if the third respondent has any claim for interest accrued after the initiation of the recovery proceedings as stated by him in paragraph 3 of the W.P.(C).3581/2008 4 counter affidavit extracted above, they shall be free to work it out with the Government Officials. This shall not be treated as liability of the petitioner any longer. Needless to say, the proceedings presently initiated against the petitioner shall be deferred till the fourth respondent forwards the demand draft in the manner aforementioned. Thereafter, as already mentioned, petitioner shall be treated as discharged there from. V.GIRI, Judge mrcs