IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 24938 of 2007(R) -------------------------- PETITIONER(S): --------------- 1. V.N.ASOKAN, FOOD INSPECTOR, PONNANI CIRCLE, PONNANI, MALAPPURAM DISTRICT. 2. D.WILSON, FOOD INSPECTOR, RESIDING AT THENGUMPURAYIDOM, PATHANAPURAM P.O., KOLLAM DISTRICT. BY ADV. SRI.P.K.VIJAYAMOHANAN SMT.RESMI G. NAIR SRI.NISHIL.P.S. SRI.GILBERT GEORGE CORREYA SRI.P.S.PRADEEP SRI.SHOJAN JACOB RESPONDENT(S): --------------- 1. THE KERALA STATE FINANCIAL ENTERPRISES LTD., BHADRATHA, MUSEUM ROAD, THRISSUR - 680020 REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., BHADRATHA, MUSEUM ROAD, THRISSUR-680020. 3. THE SPECIAL TAHSILDAR(REVENUE RECOVERY) KERALA STATE FINANCIAL ENTERPRISES LTD., AKSHAYA SHOPPING COMPLEX, NEYYATTINKARA. 4. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., UDIYANKULANGARA BRANCH, AMARAVILA P.O., NEYYATTINKARA. 5. THE BRANCH MANAGER, KERALA STATE FINANCIAL ENTERPRISES LTD., VELLARADA BRANCH, VELLARADA P.O., NEYYATTINKARA. 6. LAILA JOHN, W/O C.A.VINCENT, L.P.SCHOOL ASSISTANT, ST.JOHN'S HIGHER SECONDARY SCHOOL, UNDANCODE, KARAKONAM P.O., NEYYATTINKARA. 7. C.A.VINCENT, DISTRICT FOOD INSPECTOR, MALAPPURAM. 8. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. ADV. SRI.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. FOR R1,2,4,5 SRI.R.T.PRADEEP FOR R6,7 SRI.V.VIJULAL FOR R6,7 GOVERNMENT PLEADER SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 24938/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE REPRESENTATION DTD.21.7.03. P2. COPY OF THE COMMUNICATION DTD.12.8.03 OF R1 TO R4 AND R5. P3. COPY OF THE NOTICE DTD.13.9.04 TO R6 AND R7. P4. COPY OF THE COMMUNICATION DTD.3.8.05 OF R1. P5. COPY OF THE COMMUNICATION DTD.4.7.07 FROM THE DIST. FOOD INSPECTOR KANNUR TO DIST. FOOD INSPECTOR, MALAPPURAM. P6. COPY OF THE REPRESENTATION DTD.21.7.07 TO R2. P7. COPY OF THE REPRESENTATION DTD.23.7.07 BY P1 TO R8. P8. COPY OF THE REPRESENTATION DTD.23.7.07 BY P2 TO R8. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.24938 of 2007 ================== Dated this the 13th day of August, 2009 J U D G M E N T The petitioners are sureties for chitty loan amounts taken by the 6th respondent from the 1st respondent, for which, the 7th respondent herein, the husband of the 6th respondent, was another surety. The petitioners filed this writ petition complaining that without proceeding against respondents 6 and 7, who have sufficient means to pay the loan amounts, the 1st respondent is proceeding against the petitioners for recovery of the amounts. The petitioners would also allege collusion between respondents 3 to 5 and respondents 6 and 7. I am not inclined to go into the allegations and counter allegations in this writ petition. Admittedly, the 6th respondent has taken the loan, to which the 7th respondent, her husband, was also a surety. The counsel for respondents 6 and 7 now submits that respondents 6 and 7 will pay off the entire amounts due under the loan amounts within four months. This is recorded and this writ petition is disposed of with a direction that the petitioners shall not be proceeded against for the recovery of the balance amount in view of the undertaking by respondents 6 and 7. I further make it clear that if the undertaking by respondents 6 and 7 is not complied with, it would be open to either the petitioners or the 1st respondent to move this court for contempt of court proceedings against respondents 6 and 7. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2