IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 4463 of 2008(F) -------------------------------------- PETITIONER: -------------------- K. MADHAVAN, S/O.AYYAPPAN PAPPU AGED 55 YEARS, RESIDING AT KUNNUMPURATHU VEEDU, PUTHANGADI, KOTTAYAM. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENTS: ------------------------- 1. STATE OF KERALA REP. BY ITS REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, KOTTAYAM. 3. THE TAHSILDAR, TALUK OFFICE, KOTTAYAM. 4. THE GOVERNMENT EMPLOYEES CO-OPERATIVE SOCIETY LTD.NO.47, KOTTAYAM-2 REP. BY ITS SECRETARY, KOTTAYAM. 5. NIZZAN, PEON, TALUK OFFICE, KOTTAYAM. 6. BIJU, VILLAGE ASSISTANT VILLAGE OFFICE, KUMARAKAM, KOTTAYAM. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR BY ADV. SRI.K.GOPALAKRISHNA KURUP - R4 SRI.S.MANU - R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4463/2008 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION 12/09/2007 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF THE CONSENT DTD. 2/03/2000 GIVEN BY THE PETITIONER. EXT.R4(B): COPY OF THE NOTICE DTD. 15/06/2005 ISSUED TO THE TAHSILDAR, KOTTAYAM DEMANDING RECOVERY FROM THE SALARY OF THE 6TH RESPONDENT. EXT.R4(C): COPY OF THE NOTICE DTD. 15/06/2005 ISSUED TO THE SUPERINTENDENT RE-SRUVEY OFFICE, KOTTAYAM. EXT.R4(D): COPY OF THE NOTICE ISSUED TO THE TAHSILDAR, KANJIRAPPALLY, DTD. 18/07/2005. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.4463 of 2008 F ------------------------- Dated this the 25th day of June, 2008. JUDGMENT The petitioner retired from service as a Villageman on 30.9.2007. He is aggrieved that the amount due to him by way of Death cum Retirement Gratuity has not been disbursed to him so far. 2. It is evident from the counter affidavit filed by the 4th respondent that the petitioner and respondents 5 and 6 had availed of loans from the 4th respondent, standing as guarantor for each other. Therefore, they are jointly and severally liable to pay the amount availed by the petitioner and respondents 5 and 6. Apparently, the petitioner had repaid a portion of the amount. According to the 4th respondent- society, Rs.23,541/- is due from the petitioner as the principal debtor as on 24.3.2008. The petitioner submits that the 4th respondent has not proceeded against respondents 5 and 6, who are also Government servants. According to the 4th respondent, though effort has been made through the superior officers of respondents 5 and 6, they are not taking any steps to recover the amount from the salary of respondents 5 and 6. W.P.(C).NO.4463/08 :: 2 :: 3. Respondents 5 and 6 have not cared to appear before this court, in spite of receipt of notice. In the circumstance, the following orders are passed: (1) The 2nd respondent shall deposit the amount due to the petitioner by way of Death cum Retirement Gratuity, less an amount of Rs.23,541/-, in fixed deposit in the name of the petitioner in the Treasury Savings Account, within a period of one month from the date of receipt of a copy of this judgment. (2) The 4th respondent shall produce copies of the judgment before the Heads of Office of respondents 5 and 6 and make a specific request to take steps to recover the amount due from them and if such a request is made, the concerned Head of Office shall take appropriate steps in that regard. (3) The Fixed Deposit to be effected by the 2nd respondent in the name of the petitioner in the Treasury Savings Account shall be, initially, for a period of one year. The interest accruing therefrom may be credited to the account of the petitioner. (4) If at the end of one year, the 4th respondent has not been able to recover the entire amount due from respondents 5 and 6 (in relation to W.P.(C).NO.4463/08 :: 3 :: which the petitioner is also a surety), then the 4th respondent may approach the 2nd respondent, with notice to the petitioner for appropriation of the proportionate amount from the amount belonging to the petitioner which is lying in the Treasury Savings Account and thereupon, the 2nd respondent shall take appropriate steps in that regard. (5) The 2nd respondent shall, contemporaneous to the deposit to be made in favour of the petitioner, forward a cheque for an amount of Rs.23,541/- in favour of the 4th respondent and on receipt of the same, the 4th respondent shall credit the same in the petitioner's account and the petitioner shall stand discharged of his liability as a principal debtor of the 4th respondent. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //TRUE COPY//