IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WA.No. 496 of 2009() -------------------- AGAINST THE JUDGEMENT IN WPC.31876/2008 Dated 30/01/2009 .................... APPELLANT: PETITIONER ------------------------ RAJU.P.K, ATTENDER, GOVERNMENT HOMOEO DISPENSARY, KALLASSERI, THIRUVANVANDOOR, CHENGANNUR, PATHANAMTHITTA. BY ADV. SRI.M.K.SHASHI KUMAR RESPONDENTS: RESPONDENTS -------------------------- 1. THE THIRUVALLA GOVERNMENT EMPLOYEE CO-OPERATIVE BANK LTD. NO. A 213, REPRESENTED BY ITS SECRETARY, THIRUVALLA. 2. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, PATHANAMTHITTA DISTRICT. 3. THE ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION SUB DIVISION OFFICE, THIRUVALLA. 4. SMT.P.R. KUTTIAMMA, W/O. RAGHAVAN, POONJODIYIL HOUSE, NIRENAM, THEKKUMBHAGOM, THIRUVALLA. 5. THE MEDICAL OFFICERT, GOVERNMENT HOMOEO DISPENSARY, THIRUVANDOOR, CHENGANNUR. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS ADVOCATE SRI.P.C.SASIDHARAN FOR R1 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ------------------------------------------------- W.A.No.496 of 2009 -------------------------------------------------- Dated this the 2nd day of March, 2009 JUDGMENT Kurian Joseph,J. Appellant is the petitioner. He is aggrieved by the recovery steps initiated at the instance of the first respondent Society. According to the appellant he is only a surety to a loan availed by one Radhamony, who is no more. The contention is that the liability to the Bank should be set off from the available DCRG. The fact remains that the said Radhamony has a minor child. Therefore, there are other procedures to be gone through before settling the DCRG. The learned single Judge has rightly observed in the judgment that only after obtaining orders from the court under the Guardian and Wards Act any further direction in that regard can be issued. The contention of the appellant is that he himself is a physically challenged person. He has to look after his family including his aged mother. These are all matters for the appellant to apprise the first respondent Bank in which case the Bank itself will be in a position to show some indulgence W.A.No.496 of 2009 -:2:- exploring also the possibility as to whether there is any chance for proceeding against the other sureties also sparing the appellant in view of his special circumstances. Without prejudice to the liberty to the appellant to approach the Bank the writ appeal is dismissed. We make it clear that the judgment under appeal will not stand in the way of the Bank taking an independent decision. (KURIAN JOSEPH, JUDGE) (S.S.SATHEESACHANDRAN, JUDGE) ahg. KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. --------------------------- W.A.No.496 of 2009 ---------------------------- JUDGMENT 2nd March, 2009