IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 5780 of 2005(K) ------------------------- PETITIONER: ------------ SUBRAN, AGED 52 YEARS, S/O. AYYAPPAN ALATH HOUSE, ANANDAPURAM DESOM/VILLAGE, MUKUNDAURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.A.F.SEBASTIAN RESPONDENTS: ------------- 1. THE PRINCIPAL, SREE KERALAVARMA COLLEGE, THRISSUR. 2. SSPECIAL DEPUTY TAHSILDAR (R.R.) K.S.F.E. LTD., ERNAKULAM. 3. THE MANAGER, STATE BANK OF TRAVANCORE THRISSUR MAIN BRANCH, THRISSUR-680 001. ADDL. 4. THOMAS ABRAHAM, MYLAKATTU HOUSE, ,MANARKADU DESOM/VILLAGE, KOTTAYAM DIST. ADDL. R4 IS IMPLEADED AS PER ORDER ON I.A. 3381 OF 2005 DATED 4.3.2005 R3 BY ADV. SRI.A.K.JOHN SRI.SATHISH NINAN SRI.SANTHOSH MATHEW R2 BY ADV. SRI.T.NAVEEN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALARY CERTIFICATE DATED 23.6.2004 EXT.P2 TRUE COPY OF THE PROHIBIYTORY ORDER DATED 16.12.2003 EXT.P3 TRUE COPY OF THE LOAN AGREEMENT DATED 17.1.2001 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 5780 OF 2005 -------------------------------------------- Dated this the 9th day of January, 2008 JUDGMENT Petitioner is challenging attachment and recovery of salary in excess of the limit provided under Section 60(1)(i) of the CPC read with Section 80 of the RR Act. Counsel appearing for respondents 2 and 3 referred to the judgment of this Court in SUKUMARAN V. KSRTC, (2002) 3 KLT 169 and contended that recovery in this case is perfectly in accordance with agreement which authorises recovery of specified amount. Since the issue raised by the petitioner is covered by the judgment above referred against him, W.P. is dismissed leaving freedom to the respondents to proceed with recovery in accordance with agreement. (C.N. RAMACHANDRAN NAIR) Judge 2