IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 4423 of 2008(B) ------------------------- PETITIONER: ------------------- J.DANIEL KUTTY ,AGED 50 YEARS S/O.LATE JOSEPH, MADAYIL HOUSE, KOMMADY P.O., ALAPPUZHA. BY ADV. SRI.MATHEW JAMES RESPONDENTS: ----------------------- 1. DISTRICT COLLECTOR, ALAPPUZHA 2. SPECIAL DEPUTY TAHSILDAR (RR) KSFE LTD,ALAPPUZHA. 3. RAICHAL JOMON, W/O.JOMON, C/O.CHELLAPPAN VAIDYAR, VALAPPIL HOUSE. THUMPOLY P.O.ALAPPUZHA. 4. KANAKAMMA NADESAN, PUTHENPURACKAL ARATTUVAZHI WARD, ALAPPUZHA NORTH P.O. 5. SHIBU MATHEW @ SHAJI P.M. C/O.HAMSA POOVATH, KALARICKAL, AVALOOKUNNU P.O., ASHRAMAM WARD 9, ALAPPUZHA. 6. THE MANAGER, KSFE LTD, ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN,SC,K.S.F.E. LTD SRI.M.L.SAJEEVAN, SC, KSFE LTD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.4423 of 2008 ------------------------- Dated this the 22nd day of February, 2008. JUDGMENT The petitioner stood as a surety in relation to the 4th respondent for a certain loan availed by her from the Kerala State Financial Enterprises. Apparently, repayment of the same was defaulted. The petitioner had also availed a loan for buying a CD player. The principal amount alone has been repaid. Even according to the petitioner, interest remains. Recovery steps are now being taken against the petitioner as evidenced by Ext.P1. He challenges it on the ground that steps ought to be taken against the principal debtor 4th respondent and if the KSFE is unable to take steps against her, it could be taken against the petitioner. 2. A statement has been filed by the KSFE, inter alia, pointing out that steps were taken against principal debtor as also other sureties, who are not parties to this writ petition. Part of the amount was recovered from the petitioner and partly from others. The details of the balance due are as follows: W.P.(C).NO.4423/08 :: 2 :: “In A/c No.2010 and 2776 Rs.1000/- was recovered from the petitioner and Rs.3000/- from others. In this account Rs.69014/- and Rs.29561/- respectively are due. In A/c No.2150 Rs.1500/- was recovered from the petitioner and Rs.5500/- from others and the balance due is Rs.48756/-. In A/c No.3011 Rs.6000/- was recovered from the petitioner and the balance due is Rs.5481/-. In A/c No.3188 no amount have been recovered even though steps were initiated in all modes and the balance due is Rs.57,905/-. Ext.P1 order is legal and issued as per law after complying with all the formalities. The petitioner has not proved any infirmity in it. This respondent is not aware of the contentions in para 6 of the writ petition.” 3. In my view, comprehensive proceedings may be passed by the KSFE after hearing the principal debtor, the petitioner and other sureties. After all, till all amounts are recovered, none of the sureties would be discharged from the liability. 4. In the result, the writ petition is disposed of in the following terms: (a). The appropriate authority of the KSFE shall issue notice to the petitioner, respondents 4 and 5 and other sureties to appear before him and then draw up a W.P.(C).NO.4423/08 :: 3 :: schedule of repayment. The authority may issue such notice within two weeks from the date of receipt of a copy of this judgment. (b) After hearing the parties, a proceedings may be drawn up and intimated to all of them, including the petitioner. (c) If there are reasons why the KSFE is not able to proceed against the principal debtor, the said reason be indicated in the order. (d) The entire proceedings shall be completed within two months from the date of receipt of a copy of this judgment. (e) Further proceedings shall be kept in abeyance, till such proceedings are completed. Subject to the order to be passed by the KSFE, the writ petition is disposed of. The petitioner may also furnish the details of the other sureties along with the details of the properties, if any, they have, to the KSFE. Sd/- (V.GIRI) JUDGE sk/ //true copy//