IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 13875 of 2009(D) -------------------------- PETITIONER(S): ------------------ K.S.ISSAC,ADMINISTRATIVE OFFICER, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX,RANGE-II,VASANTHAM TOWERS, PEROORKADA,THIRUVANANTHAPURAM-695 003. BY ADV. SRI.B.RAGUNATHAN SMT.P.RETNAKUMARI SRI.R.SRINATH SRI.PRASANTH.P. SRI.ARAVIND.V. RESPONDENT(S): ------------------- 1. THE ERNAKULAM DIST.CO-OPERATIVE BANK LTD.,REP.BY SENIOR BRANCH MANAGER, THE ERNAKULAM DIST.CO-OPERATIVE BANK LTD., MAIN BRANCH,KOCHI-682 016. 2. SHRI.C.F.TONY,SENIOR TAX ASSISTANT, OFFICE OF THE COMMISSIONER OF INCOME TAX, AYKAR BHAVAN,SAKTHAN TAMPURAN NAGAR,THRISSUR. 3. SHRI.D.SATHEESHKUMAR, OFFICE SUPERINTENDENT, OFFICE OF THE ADDITIONAL COMMISSIONER OF INCOME TAX,RANGE-I,AYKAR BHAVAN, KOZHIKODE. SRI.P.V.SURENDRANATH, SC FOR BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 13875 OF 2009 (D) ===================== Dated this the 27th day of May, 2009 J U D G M E N T Petitioner and respondents 2 and 3 were sureties to a loan availed of by one Sri.N.Siva Kumar, who was an LD Clerk in the Income Tax Office, Ernakulam. The loan was of Rs.50,000/- and was availed in 1995 from the 1st respondent. Sri.Siva Kumar expired and the amount was in default. The 1st respondent initiated recovery proceedings and according to the petitioner, Rs.50,000/- has already been recovered from him. It is stated that despite the substantial recovery effected from him, the 1st respondent has not initiated proceedings against respondents 2 and 3 and is continuing proceedings against him alone. It is with this complaint the writ petition is filed and the prayer made is that he should be exonerated of the liabilities and that the 1st respondent should continue recovery against respondents 2 and 3. 2. The case was adjourned with a direction to the standing counsel for the 1st respondent to obtain instructions. Today, it is informed that recovery proceedings were initiated WPC 13875/09 :2 : against the petitioner and respondents 2 and 3. It is stated that as on 16/5/2008, Rs.36,375/- has been recovered from the petitioner. It is also reported that in pursuance to the recovery proceedings initiated against the 3rd respondent, so far they have recovered an amount of Rs.43,500/-. Similar proceedings have been initiated against the 2nd respondent but however no recovery so far has been effected by the authorities. 3. Although it is the case of the petitioner that more than what has been stated by the counsel for the 1st respondent has been recovered from his salary, in the absence of any materials to substantiate the said contention, I am not in a position to pronounce finally on the same. 4. Be that as it may, now that it is obvious that recovery proceedings have been initiated against all the defaulters, this Court will not be justified in issuing any further directions in the matter. However having regard to the fact that no recovery has so far been effected from the 2nd respondent, I direct the 1st respondent to pursue recovery proceedings against him as well. 5. At this stage, counsel for the petitioner requests for a direction to the 1st respondent to issue an up to date statement of WPC 13875/09 :3 : accounts indicating the outstanding liability. There is nothing unreasonable in this request and therefore there will be a direction to the 1st respondent to issue a statement of accounts to the petitioner on the production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp