IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 32342 of 2011(P) ---------------------------------------- PETITIONER(S): ------------------------ 1. SALAHUDEEN.A., S/O.ABDUL RAHMAN, DARVSALAM, VETTIYARA P.O., NAVAYIKULAM, THIRUVANANTHAPURAM. 2. BINU.B.S., D/O.BALAKRISHNA PILLAI, MOTHER LAND, KALAKODE P.O., PARAVOOR. 3. ADARSH.H., S/O.HARIDASAN, THOTTATHIL VEEDU, AMBALAKARA P.O., VALAKAM, KOLLAM. 4. SHEEJA, S/O.SAHADEVAN, USHAS, KARINGANOOR P.O., KOLLAM. BY ADV. SRI.PRATHEESH.P RESPONDENT(S): --------------------------- 1. DISTRICT COLLECTOR, KOLLAM-691 013. 2. SUB TREASURY OFFICE, KUNDARA-691 501. 3. MANAGER, KERALA STATE FINANCIAL ENTERPRISES, PARIPPALLY-691 574. 4. SAJEEV.T., AGRICULTURAL OFFICER, KRISHIBHAVAN, PANAYAM, KOLLAM RESIDING AT EYALLOORKONOTHU PUTHEN VEEDU, KUDAVATTOOR P.O., KOTTARAKKARA-691 512. R1 & R2 BY GOVERNMENT PLEADER SRI.S.JAMAL R4 BY ADV.SRI.JOHNSON P.JOHN,SC,KSFE SRI.P.V.LONACHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.32342/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER SURETY REGARDING CHITTY NO.5/05-30, 17/06-50 DATED 19/11/2011. EXHIBIT P1(A): THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER REGARDING CHITTY NO.5/05-30 DATED 19/11/2011. EXHIBIT P1(B): THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER REGARDING CHITTY NO.17/6-50 DATED 19/11/2011. EXHIBIT P1(C): THE RECOVERY NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER REGARDING CHITTY NO.31/06-6177, 17/06-50 DATED 19/11/2011. EXHIBIT P2: THE COPY OF THE SALARY DETAILS ISSUED FROM THE SUB TREASURY, ANCHAL DATED 31/12/2010. EXHIBIT P3: THE COPY OF THE INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WPC.6353/2001 DATED 13/7/2010. EXHIBIT P4: THE COPY OF THE BILL FOR PAY AND ALLOWANCE/LEAVE SALARY OF A GAZETTED OFFICER DATED 5/9/2010. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.32342 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of December, 2011 J U D G M E N T This writ petition is filed by sureties who have guaranteed payment of amounts due from the 4th respondent to the Kerala State Financial Enterprises. Their grievance is that without proceeding against the principal debtor namely the 4th respondent, the 3rd respondent is proceeding against the petitioners who are only sureties. The petitioner seeks the following reliefs: “i) to issue a writ of certiorari or any other appropriate writ or order to call for records leading to Exhibit P1 series and quash the same. ii) issue a writ of mandamus or any other appropriate writ or order directing the 1st and 2nd respondents to release the unclaimed salary of the 4th respondent since 2009, which is kept under the custody of the 2nd respondent to clear the liabilities of the 4th respondent with the 3rd respondent. iii) issue a writ of mandamus or any other appropriate writ order directing the 3rd respondent to take steps to recover the defaulted amount from the immovable properties of the 4th respondent.” I have heard counsel on both sides. I passed the following order on 12.12.2011: “The learned Government Pleader as well as the learned Standing Counsel for the Kerala State Financial Enterprises shall get instructions as to whether they have taken action to proceed against the arrears of salary payable to the principal- debtor, disbursement of which, has been stayed by this Court in Ext.P3 order, which writ petition has been disposed of by Annexure judgment in the review petition. Post next week.” The learned Standing Counsel for the K.S.F.E. submits that they are proceeding against the 4th respondent also and W.P.(C)No.32342 of 2011 -2- in such proceedings considerable amounts have been recovered also. It is submitted that subsequent to earlier judgment passed by this Court, the 4th respondent again committed default in payment of further amounts for which only proceedings have now been initiated. The counsel for the 3rd respondent would assure this Court that both the 4th respondent and the petitioners would be proceeded against for recovery of the amounts due from the 4th respondent simultaneously. This is recorded. If the petitioners point out any property belonging to the 4th respondent, which can be proceeded against for recovery of amounts due from him, respondents 1 to 3 shall proceed against such properties also for recovery of amounts due. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/