IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH JULY 2011 / 14TH ASHADHA 1933 WP(C).No. 9102 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------ R.C.MANOJ,C/O.ASSISTANT TRANSPORT OFFICER, KSRTC, VIKASBHAVAN,THIRUVANANTHAPURAM DISTRICT,PIN 695 033. BY ADV. SRI.E.NARAYANAN RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY,THE DEPARTMENT OF REVENUE RECOVERY, SECRETARIAT,THIRUVANANTHAPURAM-1. 2. THE KERALA TRANSPORT DEVELOPMENT, FINANCE CORPORATION LTD., REP.BY ITS MANAGING DIRECTOR,TRANSPORT BHAVAN,FORT, THIRUVANANTHAPURAM-23. 3. THE KERALA TRANSPORT DEVELOPMENT FINANCE CORPORATION LTD., REPRESENTED BY ITS BRANCH MANAGER,KAIRALI/SREE ANNEXE,MAVOOR ROAD,CALICUT-01. 4. THE ASSISTANT TRANSPORT OFFICER, KSRTC,VIKASBHAVAN PO,THIRUVANANTHAPURAM-33. 5. HANISH.P, S/O.DAMODARAN NAIR.P, POOTHOLI HOUSE,KARUMALA PO,BALUSSERI VIA, CALICUT,PIN 673 612. R1 BY GOVERNMENT PLEADER SRI. BINOY CHANDRAN R2 & R3 BY SRI.KRB.KAIMAL, SENIOR ADVOCATE, BY ADV. SRI.B.UNNIKRISHNA KAIMAL,SC,KTDFC R4 BY ADV. SRI.V.V.NANDAGOPAL NAMBIAR,SC, KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.9102/2011 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT PAGES OF THE PASSBOOK ISSUED FROM THE FIRST RESPONDENT TO THE 5TH RESPONDENT. P2: COPY OF THE NOTICE DTD. 10/07/09 ISSUED BY THE SECOND RESPONDENT TO THE FIFTH RESPONDENT. P3: COPY OF THE REGISTERED LAWYER NOTICE DTD. 26/09/09 ISSUED BY THE FIFTH RESPONDENT TO THE THIRD RESPONDENT. P4: COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING RECEIPT OF EXHIBIT P3 NOTICE. P5: COPY OF THE DEMAND NOTICE DTD.11/10/10 ISSUED BY THE THIRD RESPONDENT TO THE FIFTH RESPONDENT AND HIS SURETIES. P6: COPY OF THE REGISTERED LAWYER NOTICE DTD. 25/11/10 ISSUED BY THE FIFTH RESPONDENT TO THE THIRD RESPONDENT. P7: COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXHIBIT P6 REGISTERED LAWYER NOTICE. P8: COPY OF THE REGISTERED LAWYER NOTICE DTD. 27/11/10 ISSUED TO THE SECOND RESPONDENT. P9: COPY OF THE ACKNOWLEDGMENT CARD EVIDENCING THE RECEIPT OF EXHIBIT P8. P10: COPY OF THE REMINDER DTD. 16/02/2011 ISSUED BY THE SECOND RESPONDENT TO THE FOURTH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 9102 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 5th day of July, 2011. J U D G M E N T The petitioner is a surety for certain loan amounts advanced by the 2nd respondent to the 5th respondent. The 5th respondent committed default in repayment of the loan. Recovery proceedings were initiated by the 2nd respondent by issuing Ext. P5. In respect thereof, Ext. P10 reminder has been issued by the 2nd respondent to the 4th respondent. The petitioner primarily challenges the same on the ground of limitation. The petitioner has other contentions also in respect thereof. The petitioner seeks to prove the limitation on the basis of Ext. P1, which is a photo copy of some document. The question of limitation depends on various dates, which is to be proved by evidence. The original documents also have to be proved in evidence to sustain the contention of limitation. This Court cannot, without taking evidence, decide that question. 2. I am of opinion that all these contentions have to be proved in a suit to be filed challenging Ext. P5. Therefore, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in this case. Accordingly, this writ petition is dismissed without prejudice to the right of the petitioner to file a suit for the same cause of action. To enable the petitioner to file a suit and seek interim orders, I W.P(C) No. 9102 of 2011 -: 2 :- direct that the interim order passed by this court on 30.5.2011 would continue to be in force for a period of one month. Sd/- S. Siri Jagan, Judge. Tds/