IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 3881 of 2008(K) ------------------------- PETITIONER: ------------------- C.RAJAPPAN, S/O.CHELLAYYAN, HELPER/GRADE-II, OFFICE OF CHIEF ENGINEER/ CONSTRUCTIONS, SOUTHERN RAILWAYS, THIRUVANANTHAPURAM, RESIDING AT THUDIAKARAVILAI VEEDU, MARUTHANCODE P.O., KANNYAKUMARI DISTRICT, TAMILNADU. BY ADV. SRI.G.SUDHEER RESPONDENTS: ------------- 1. THE PERSONAL OFFICER, SOUTHERN RAILWAYS, PALAKKADU DIVISION. 2. THE SYNDICATE BANK, THIRUVANANTHAPURAM, REPRESENTED BY ITS MANAGER. 3. MRS.JAYA DEVI, W/O.LATE THULASIDAS, "NATTUVAZHIYIL", KURUMANDAL, SOUTH PARAVOOR, KOLLAM DISTRICT. BY ADV. SRI.R.S.KALKURA SRI.N.B.SUNIL NATH,SC, RAILWAYS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 3881 of 2008 -------------------------- Dated this the 7th February, 2008 J U D G M E N T Petitioner stood as a surety in relation to one Thulasidas, now deceased, and husband of the 3rd respondent herein when late Thulasidas availed a loan from the 2nd respondent. Thulasidas died in December, 2007. The amount due to the 2nd respondent as on 1.11.2007 is Rs.53,538/-. Petitioner apprehends that the Bank will proceed against the guarantor. Petitioner further apprehends that the service benefits due under the account of late Thulasi Das will be received by his legal representatives and therefore the Creditor will be compelled to proceed against the petitioner. Petitioner has filed Exhibit P2 representation before the employer requesting that steps may be taken against the attachable portion of the DCRG. The question as to whether any portion of the DCRG due under the account of Thulasi Das will be available to satisfy the demand made by the 2nd respondent , in the first instance, shall be looked into by the employer of late Thulasi Das. W.P ( C) No. 3881 of 2008 2 In the result, this writ petition is disposed of directing the 1st respondent to look into Exhibit P2 and take a decision thereon. The 1st respondent shall issue a notice to respondents 2 and 3 and the petitioner, before taking a decision in this regard. This shall be done within a period of two months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 3881 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007