IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JUNE 2007 / 30TH JYAISHTA 1929 WP(C).No. 10980 of 2007(F) -------------------------- PETITIONER: ------------ K.MONY, S/O.V.K.KUMARAN, AGED 54 YEARS, VADAKKEDATH HOUSE, P.O.NAYARUPARA, IDUKKI DIST. BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENTS: ------------- 1. THE DISTRICT COLLECTOR, IDUKKI. 2. THE SURVEY SUPERINTENDENT, TALUK SURVEY OFFICE, THODUPUZHA. 3. THE SPECIAL DEPUTY TAHASILDAR (R.R.), KERALA STATE FINANCIAL ENTERPRISES LTD., KOTTAYAM. 4. G.ABHILASH, PRESENTLY WORKING AS LOWER DIVISION CLERK, OFFICE OF THE SURVEY SUPERINTENDENT, THODUPUZHA. R1 TO R3 BY G.P. SRI. BASANT BALAJI R4 BY ADV. SRI.SAJAN MANNALI SRI.M.P.JAYAKUMAR SMT.K.INDU (POURNAMI) SMT.SANTHI K. PAI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOSTAT COPY OF THE REPRESENTATION DATED 2.11.2002 PLACED BEFORE THE TAHSILDAR, UDUMBANCHOLA TALUK EXT.P2 PHOTOSTAT COPY OF DEMAND NOTICE DATED 6.1.2006 ISSUED BY THE THIRD RESPONDENT. EXT.P3 PHOTOSTAT COPY OF THE REPRESENTATION DATED 13.2.2006 PREFERRED BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE. C.N.RAMACHANDRAN NAIR,J. -------------------------------------------- W.P.C. NO. 10980 OF 2007 -------------------------------------------- Dated this the 20th day of June, 2007 JUDGMENT Since counsel for the fourth respondent submitted that full arrears are cleared by the fourth respondent, who is the principal debtor, there will be direction to the third respondent to verify the same and if arrears are cleared to recall the garnishee proceedings issued to second respondent. Second respondent is prohibited from attaching and recovering from petitioner's salary unless fresh instructions are received from the KSFE after verification of loan account stated to be settled by the fourth respondent. W.P. is disposed of as above. (C.N.RAMACHANDRAN NAIR) Judge 2