IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 7277 of 2008(N) ------------------------- EP.52/2005 of SUB COURT, QUILANDY .................... PETITIONER: ------------ M. BHASKARAN, S/O.KELAPPAN HEAD CONSTABLE, PRESENTLY RESIDING AT B 12 POLICE QUARTERS, NADAKKAVU, KOZHIKODE DISTRICT. BY ADV. SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN RESPONDENTS: ------------- 1. THE COMMISSIONER OF POLICE KOZHIKODE CITY, KOZHIKODE. 2. K.C. BALAKRISHNAN NAIR S/O.KRISHNAN NAIR, AANAMADATHIL HOUSE P.O.MOODADI, KOYILANDY TALUK, KOZHIKODE DISTRICT. BY GOVT.PLEADER SMT.R.BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.7277 of 2008 ------------------------------------------- Dated this the 3rd day of March, 2008 JUDGMENT This writ petition is preferred to give a direction to the first respondent not to attach further amount from the salary of the petitioner in execution of the decree in A.P.No.2/2004 that is by way of E.P.No.52/05 of the Subordinate Judges Court, Koyilandy. 2. The learned counsel has submitted before me that till December that is from February 2006 to December 2007 both inclusive 23 months salary had been attached and again salary attachment is effected for the month of January making it 24 months. It is submitted before me, as per the provisions of Section 60 of the Civil Procedure Code, that salary cannot be attached beyond a period of 24 months on execution of the same decree. 3. Therefore, I permit him to move an application before the Subordinate Judges Court, Koyilandy if already 24 months salary had been attached in execution of the same decree. it is clear that further attachment cannot be made and so necessary orders may have to be passed stopping further attachment of the salary. In the meanwhile, no further attachment is to be made. The writ petition is disposed of. M.N.KRISHNAN, JUDGE csl