IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 22549 of 2005(H) -------------------------- PETITIONER: ------------ GOPALAN NAIR, HARI BHAVAN, VATHIKULAM, THEKKEKARA, MAVELIKARA. BY ADV. SRI.R.KRISHNA RAJ SRI.S.VINODKUMAR RESPONDENTS: ------------- 1. JAYASREE K.C., T.C.126/95, JANAKAJA VILAS, KAITHAMUKKU, VANCHIYOOR, THIRUVANANTHAPURAM. 2. S. GOPAKUMAR, T.C.126/95, JANAKAJA VILAS, KAITHAMUKKU, VANCHIYOOR, THIRUVANANTHAPURAM. 3. EXECUTIVE ENGINEER (AGRICULTURE) OFFICE OF THE EXECUTIVE ENGINEER, (AGRICULTURE), KALARCODE, ALAPPUZHA. 4. SPECIAL DY.TAHASILDAR (R.R) K.S.F.E. LTD., REGIONAL OFFICE, THIRUVANANTHAPURAM. 5. THE MANAGER, K.S.F.E. LTD., VELLANADU BRANCH, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.S.D.ASOKAN SRI.M.K.CHANDRAMOHAN DAS, SC, KSFE, LTD FOR R4,5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 CPY OF THE LETTER OF THE FOURTH RESPONDENT DATED 23.4.2003 EXT.P2 COPY OF THE PROHIBITORY ORDER DATED 23.4.2003 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 22549 OF 2005 -------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT Petitioner is a surety for the loan availed by the first respondent from KSFE. Second respondent is another surety for the very same loan. When Writ Petition was admitted, this Court directed release of petitioner's retirement benefits after withholding Rs. 65,638/-. Further, this Court on 15.3.2007 directed respondents 4 and 5 to proceed for recovery against defaulter. It is not known whether the amount is recovered from the defaulter. Petitioner was directed to produce a copy of interim order dated 15.3.2007 before respondents 4 and 5. Respondents 4 and 5 should proceed for recovery from the defaulter immediately and petitioner will furnish details of property of defaulter for attachment and sale of such property. If recovery is not effected within three months from now, petitioner is liable along with other surety and recovery can be continued against sureties including the petitioner. W.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 2