IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 36643 of 2005(K) -------------------------- PETITIONER: ------------ SASIDHARAN.P.V, PUREPATTIL HOUSE, P.O.MADATHUMPADY, MALA, THRISSUR DISTRICT. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: ------------- 1. THE K.S.F.E. LTD., REPRESENTED BY ITS CHAIRMAN, THIRUVANANTHAPURAM. 2. THE SPECIAL DEPUTY TAHSILDAR, K.S.F.E.LTD., ALAPPUZHA. 3. THE VILLAGE OFFICER, VILLAGE OFFICE, THIRUMUKKULAM, MALA. 4. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR. 5. N.S.RAVI NAIR, NAMBIKODATHU HOUSE, PARAMBISSERY.P.O, VIA.KURUMASSERY, ERNAKULAM DISTRICT. . R1 AND R2 BY ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. R4 BY ADV. SHRI.JOHNSON P.JOHN, SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE PAY ROLL OF THE PETITIONER. EXT.P2 PHOTOCOPY OF THE NOTICE ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: ANNEXURE R1(1) TRUE COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT DATED 19.8.2004 ANNEXURE R1(2) TRUE COPY OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 2.12.2004 ANNEXURE R1(3) TRUE COPY OF THE MAHAZAR REPORT ANNEXURE R1(4) TRUE COPY OF THE REPORT FROM SDT (RR) ERNAKULAM. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 36643 OF 2005 -------------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT Petitioner is a guarantor for the loan availed by another person from KSFE. Petitioner is challenging recovery proceedings on the ground that no recovery is initiated against the fifth respondent. Counsel for the KSFE submitted that even though notice was served on KSRTC no useful purpose was served in as much as no details are furnished as to what happened pursuant to request from KSFE for initiation of recovery against the fifth respondent. Counsel for the KSFE submitted that on enquiry it was found that fifth respondent is reported to have retired from service and nothing is heard of him. In any case, while recovery against the petitioner can be continued as he is a guarantor, there will be direction to the fourth respondent not to release any pension or further benefits due to the fifth respondent as he is also one of the guarantors. Therefore payment to fifth respondent will be made by KSRTC only after getting clearance from KSFE. O.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2