IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 26819 of 2005(P) -------------------------- PETITIONER: ------------------ S. MURALEEDHARAN PILLAI, THEKKENIRAVATH HOUSE, PATTATHANAM, CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENTS: -------------------- 1. THE SPSECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), K.S.F.E. LIMITED, KOLLAM. 2. KERALA STATE FINANCIAL ENTERPRISES LIMITED, REPRESENTED BY REGIONAL MANAGER KOLLAM. 3. INDIAN RARE EARTHS LIMITED REPRESENTED BY ITS CHIEF GENERAL MANAGER CHAVARA, KOLLAM DISTRICT. BY ADV. SRI.S.D.ASOKAN FOR R2 SRI.E.K.NANDAKUMAR FOR R3 SRI.A.M.SHAFFIQUE (SR.) FOR R3 SRI.A.K.JAYASANKAR NAMBIAR FOR R3 SRI.T.NAVEEN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -2- W.P.(C).No.26819/2005 PETITIONER'S EXTS: EXT.P1 TRUE COPY OF DISCIPLINARY NOTICE ISSUE TO SMT.LEKHA BY THE 3RD RESPONDENT COMPANY. EXT.P2 TRUE COY OF PROHIBITORY ORDER DTD. 2/8/2005 ISSUED BY THE IST RESPONDENT. P.R.RAMAN, J. --------------------------- W.P.(C).NO.26819 OF 2005 ---------------------------- DATED THIS THE 28TH DAY OF AUGUST,2008 JUDGMENT Petitioner is a retired Security Guard, who was a surety for the amount of loan advanced by the Kerala State Financial Enterprises Ltd. to One Lekha, the principal debtor, who committed default in re-payment of the loan amount and left the country after defrauding several persons. 2. Being a surety, the petitioner was proceed with for the balance outstanding due from the principal debtor and the entire amount of gratuity payable to the petitioner was attached by prohibitory order. Petitioner was a Security Guard in the Indian Rare Earths Limited, Chavara, Kollam. It was found that the actual amount due and payable will come to Rs.46,500/-. Therefore, an interim order was passed on 22/3/2006 directing the Company to release the balance amount, less Rs.46,500/- from out of the gratuity amount payable to him. That was done. It is submitted by the learned Standing Counsel -2- W.P.(C).No.26819/2005 appearing for the KSFE that the said amount has since been adjusted and the accounts closed. If so, there is no further liability from the petitioner. Writ Petition is closed. P.R.RAMAN, Judge. kcv.