IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 4TH AUGUST 2011 / 13TH SRAVANA 1933 WP(C).No. 7906 of 2009(G) ------------------------- PETITIONER(S): --------------- KUTTAPPAN.K.,WORKING AS SANITATION WORKER,CORPORATION OF THIRUVANANTHAPURAM, RESIDING AT PELAYANKOTTUKONAM VADAKKEKARAPUTHEN VEEDU,MALAYAM P.O.,THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): ------------------------------ 1. THE MANAGING DIRECTOR, THE KERALA STATE FINANCIAL ENTERPRISES LTD., REGISTERED OFFICE,THRISSUR. 2. THE KERALA STATE FINANCIAL ENTERPRISES LTD.,NEDUMANGADU BRANCH, REP.BY ITS MANAGER. 3. CORPORATION OF THIRUVANANTHAPURAM, REP.BY ITS SECRETARY. 4. PUSHPALATHA,W/O.MURALIDHARAN NAIR, K.P.V/504,KUDAPPUNAKUNNU VILLAGE, NEAR DOORADARSAN KENDRAM, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM. 5. MURALIDHARAN NAIR, NEAR DOORADARSAN KENDRAM, KUDAPPANAKUNNU P.O., THIRUVANANTHAPURAM. R1 BY ADVS. SRI.E.K.NANDAKUMAR, SRI.A.K.JAYASANKAR NAMBIAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.ANIL D. NAIR , SRI.V.J.ANAND. R4 & R5 BY ADVS. SRI.NAGARAJ NARAYANAN, SRI.NAIR AJAY KRISHNAN, SRI.SAIJO HASSAN. BY ADV. SRI.P.K.MANOJKUMAR, SC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2011, ALONG WITH WPC NO. 10250 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.7906/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALARY CERTIFICATE OF THE MONTH OCTOBER 2008 ISSUED FROM THE 3RD RESPONDENT'S OFFICE IN FAVOUR OF THE PETITIONER. P2:- COPY OF THE REPRESENTATION DTD. 21.7.2000 SUBMTITED BY THE PETITIONER AND TWO OTHERS BEFORE THE IST RESPONDENT. P3:- COPY OF THE ACKNOWLEDGEMENT CARD. P4:- COPY OF THE SALARY CERTIFICATE OF THE PETITIONER FOR THE MONTH, JUNE 2008. P5:- COPY OF THE SALARY CERTIFICATE OF THE PETITIONER FOR THE MONTH JULY 2008. P6:- COPY OF THE SALARY CERTIFICATE OF THE PETITIONER FOR THE MONTH AUGUST 2008. P7:- COPY OF THE SALARY CERTIFIVATE OF THE PETITIONER FOR THE MONTH SEPTEMBER 2008. P8:- COPY OF THE SALARY CERTIFICATE OF THE PETITIONER FOR THE MONTH OCTOBER 2008. P9:- COPY OF THE SALE DEED NO.667/96 IN THE NAME OF THE 4TH RESPONDENT. P10:- COPY OF THE JUDGMENT DTD. 1.6.06 IN OP. NO.26728/2000 OF THIS HONOURABLE COURT. P11:- COPY OF THE REPRESENTATION DTD. 25.2.09 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 7906/2009 & 10250 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2011 J U D G M E N T These two writ petitions are filed by two sureties who guaranteed repayment of amounts due to the Kerala State Financial Enterprises by the 4th respondent in both writ petitions whose husband is the 5th respondent in both writ petitions. The K.S.F.E., through the revenue recovery authorities, initiated proceedings for recovery of the amounts due. The petitioner in W.P. (C) No.10250/2011 obtained Ext.P3 judgment from this court in O.P.No.26728/2000 to the effect that the petitioner shall be proceeded against only after exhausting the remedies against the respondents 4 & 5. The complaint of the petitioner in W.P. (C) No.10250/2011 is that, despite Ext.P3 judgment the revenue recovery authorities are proceeding against the petitioner for recovery of the amounts due. In the other writ petition, the petitioner is a similarly situated person claiming similar relief as the petitioner in the other W.P.(C)Nos. 7906/2009 & 10250 of 2011 -2- writ petition. In view of the fact that the petitioners are sureties and the liability is that of respondents 4 & 5, I enquired with respondents 4 and 5 whether the respondents 4 & 5 are prepared to pay the balance amounts due to the K.S.F.E. The counsel for the respondents 4 & 5 undertakes before me that, they shall pay the entire amounts due within two months. Accordingly these writ petitions are disposed of with a direction to the respondents 4 & 5 to see that the entire amounts due from them for which the petitioners are sureties are paid within two months from today. If the respondents 4 & 5 do not pay the amount as undertaken before this court the K.S.F.E. and the 6th respondent shall take appropriate proceedings for recovering the entire amounts from respondents 4 & 5 including arrest and detention in the civil prison. In the meanwhile, the proceedings against the petitioners shall be kept in abeyance. They shall be proceeded against only if the amounts cannot be recovered from respondents 4 and 5. This shall not stand in the way of the petitioners proceeding W.P.(C)Nos. 7906/2009 & 10250 of 2011 -3- against respondents 4 and 5 for recovery of amounts already paid by the petitioners to the K.S.F.E. S. SIRI JAGAN JUDGE shg/