IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 WP(C).No. 15248 of 2009(A) -------------------------- PETITIONER(S): --------------- T.ASOKAN, DRIVER GRADE II, K.S.R.T.C., KANNUR. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): --------------- 1. C.K.RAVI, S/O.SANKARAN, DRIVER, KSRTC, KASARAGODE DEPOT. 2. KSRTC EMPLOYEES CO-OPERATIVE SOCIETY, KANNUR, REP. BY ITS SECRETARY. 3. DISTRICT TRANSPORT OFFICER, KSRTC, KANNUR. 4. DISTRICT TRANSPORT OFFICER, KSRTC, KASARAGODE. 5. KSRTC, REP. BY ITS MANAGING DIRECTOR, THIRUVANANTHAPURAM. SC SRI. K. PRABHAKARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC,J. --------------------- W.P.(C).No.15248 OF 2009 ------------------------ Dated this the 3rd day of June, 2009. JUDGMENT Admittedly, for a loan availed of by the first respondent from the 2nd respondent, the Petitioner was the surety. Default was committed and recovery was effected from the first respondent. 2. Subsequently the first respondent was placed under suspension by his employer and then onwards, recoveries were effected from the petitioner's salary. It is stated by the petitioner that from January, 2009, the first respondent has been reinstated and that the 2nd respondent has again started recovery from his salary. It is now stated that the recovery is being continued from both the petitioner and the 2nd respondent. 3. In this writ petition what the petitioner seeks is a direction to the second respondent not to make any further recovery from his salary. 4. Having regard to the fact that the petitioner is a surety, I am not inclined to pass any such order. WP(c).No.15248/09 2 However, it is seen that the petitioner has made a request, Ext.P1 in this behalf to the 2nd respondent. The 2nd respondent shall consider Ext.P1 and pass orders thereon. This shall be done at any rate on the production of a copy of the judgment along with a copy of the writ petition. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.15248/09 3