IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 9680 of 2006(B) ------------------------- PETITIONER: ------------ ACHANKUNJU, S/O.DANIEL KUNJUKUNJU, AGED 36 YEARS, KOCHUVILAPUTHANVEEDU, THALAVOOR POST, PATHANAPURAM, KOLLAM. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENTS: ------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES REPRSENTED BY MANAGING DIRECTOR, OFFICE OF K.S.F.E., THRISSUR. 2. THE KERALA STATE FINANCIAL ENTERPRISES MAIN BRANCH, KOLLAM, REPRESENTED BY ITS BRANCH MANAGER, KOLLAM. 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), THE K.S.F.E.LTD., R.R.UNIT KSFC BUILDING, CHINNAKKAADA, KOLLAM. 5. ANANDAVALLY AMMA, RETIRED TEACHER, W/O. DEVADAS, AGED 60 YEARS, EDACHAPALLY, KATTAYATH, KSFC NAGAR, KAVANADU, KOLLAM. 6. SUNIL D. PRASAD, S/O. LATE DEVADAS, AGED 39 YEARS, L.D. CLERK, LS (GD) SUB DIVISION, SULTHAN BATHERI, WAYANAD DISTRICT. BY ADV. SRI.S.D.ASOKAN FOR R1 & R2 SRI.M.L.SAJEEVAN, SC, KSFE LTD. FOR R1,R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF LETTER DT.8.82005 ISSUED BY THE BRANCH MANAGER, KSFE, KOLLAM MAIN BRANCH. P2: TRUE COPY OF REPRESENTATION DT.22.10.2005 SUBMITTED BY PETITIONER BEFORE R2. P3: TRUE COPY OF NOTICE DT.8.2.2006 ISSUED BY R4. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.9680 of 2006 .................................................................... Dated this the 14th day of August, 2008. JUDGMENT Counsel for the petitioner submitted that entire liability is settled by the principal debtor. If that be so, there is no scope to continue recovery against the petitioner who is a surety. However, if liability or any portion still remains, recovery can be continued against the defaulter and surety. The W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms