IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 15464 of 2010(G) -------------------------- PETITIONER(S): --------------- PUSHPA N,AGED 44 YEARS,W/O.SIVAPRASAD.K RESIDING AT BATHEL HOUSE RADASR STATION ROAD MALAYAM PO, THIRUVANANTHAPURAM 695 571.WORKING AS ASSISTANT ENGINEER AT IPD SECTION, KERALA WATER AUTHORITY, OBSERVATGOR HILL, MUSEUM, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHAN V.NAIR SRI.V.V.MITHUN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGER, M/S. SYNDICATE BANK NEAR CHURCH,PALAYAM, THIRUVANANTHAPURAM. 3. B.S.JEENLAL, S/O.LATE SUSHEELA,RESIDING AT IDIVIZHUNNA VILA VEEDU,, V ATTA VILA, COTTUKAL PO, VIA BALARAMAPURAM, VIZHINJAM, THIRUVANANTHAPURAM. 4. THE CHIEF ENGINEER, KERALA WATER AUTHORITY, VELLAYAMBALAM, TVM BY GP SRI.ARAVINDKUMAR BABU SC SRI. C.UNNIKRISHNAN SC SRI. R.S.KALKURA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ------------------- W.P.(C).15464/2010 -------------------- Dated this the 20th day of May, 2010 JUDGMENT Petitioner is a surety to a loan availed by the deceased mother of the 3rd respondent from the 2nd respondent. Proceedings are now initiated against the petitioner for recovery of the dues. Petitioner's request is that recovery should be directed against the 3rd respondent, the beneficiary of the loan. 2. Even according to the petitioner, the 3rd respondent is not a party to the loan transaction. Principal debtor is not alive and the petitioner is the surety. In such circumstances, if steps have been taken by the creditor against the surety for recovery of the dues, there is absolutely no illegality. 3. Petitioner submits that the 3rd respondent has agreed to clear the liability to the facts as stated above, since he is not a party to the transaction, Bank cannot proceed against the 3rd respondent. If the 3rd respondent has so agreed, it is always W.P.(C).15464/10 2 open to the petitioner and the 3rd respondent to move the creditor and if that course is acceptable to the creditor, then and then only can the petitioner get herself exonerated from liability. In the circumstances, this Court will not be justified in issuing any order as sought for. Writ petition is disposed of accordingly. ANTONY DOMINIC, Judge mrcs