IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 2083 of 2008(W) ----------------------------------------- PETITIONER: -------------------- C.GEETHAMBIKA, PHYSICAL EDUCATION TEACHER, GOVERNMENT HIGHER SECONDARY SCHOOL, PORUVAZHY, SOORANADU, KOLLAM. BY ADV. SRI.B.MOHANLAL SRI.SAIJU. S RESPONDENTS: ------------------------ 1. THE KERALA STATE FINANCIAL ENTERPRISES LIMITED, REGISTERED OFFICE, BHADRATHA, MUSEUM ROAD, THRISSUR, REPRESENTED BY ITS MANAGING DIRECTOR. 2. THE SPECIAL DUPUTY TAHASILDAR, REVENUE RECOVERY, KSFE LIMITED, CHINNAKKADA, KOLLAM. 3. THE BRANCH MANAGER, K.S.F.E., SASTHAMKOTTA, KOLLAM. 4. THE BRANCH MANAGER, K.S.F.E., KARUNAGAPPALLY, KOLLAM. 5. SRI. K.P.BABU, TEACHER, GOVERNMENT G.H.S.S., THAZHAVA, KARUNAGAPPALLY, KOLLAM DISTRICT. 6. SRI. Y.SHAJAHAN, CLERK, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THEVALLAY, P.O.KOLLAM, RESIDING AT POIKAYIL KIZHAKKETHIL, MYNAGAPPALLY, SASTHAMKOTTA, KOLLAM. 7. SMT. Y.FATHIMA BEEVI, M/O Y.SHAJAHAN, POIKAYIL KIZHAKKETHIL, MYNAGAPPALLY, SASTHAMKOTTA, KOLLAM. 8. SMT. NAZEERA BEEGUM.S., W/O Y.SHAJAHAN, POIKAYIL KIZHAKKETHIL, MYNAGAPPALLY, SASTHAMKOTTA, KOLLAM. BY ADV. SRI.M.L.SAJEEVAN,SC KSFE SRI.T.NAVEEN, SC, K.S.F.E. LTD. GP. SRI. MATHEW GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.2083 of 2008 -------------------------- Dated this the 25th January, 2008 J U D G M E N T Petitioner, a Physical Education Teacher in Government Higher Secondary School at Sooranad stood as a Guarantor for respondents 7 and 8 who took a loan from the 1st respondent. Loans were taken from the Sasthamcotta branch and the Karunagappally branch of the KSFE represented by respondents 3 and 4 herein. There was default in the repayment of the loan and apparently steps have been initiated against the petitioner , by way of attachment of salary. Petitioner submits that her take home pay is only Rs. 6897/-. Steps have been taken to attach her salary to the extent of Rs.4000/- This is in contravention of Section 60 of the CPC read with Section 80 of the Revenue Recovery Act, it is contended. Petitioner further submits that the principal debtors have sufficient properties with them. Therefore, there is no justification for attaching the salary of the surety. W.P ( C) No.2083 of 2008 2 2. The liability of the surety is normally coextensive with that of the principal debtor. Petitioner therefore cannot plead exoneration from liability. But an instrumentality of the State- the 1st respondent is expected to act in a fair and reasonable manner. If there are properties and assets with the principal debtors, an attempt must be made to recover the amount due from them. I make it clear that this is no to say that creditor should follow any priority as such in the matter of initiating or continuing steps for recovery of amounts due to them. But an attempt must be made to recover the amounts from the principal debtors, as far as possible. If for any reason, such recovery becomes difficult, the right available to the creditor as against the surety , will obviously be unaffected. After hearing the learned counsel for the petitioner and the learned standing counsel for the 1st respondent as also the learned Government Pleader, this writ petition is disposed of in the following terms: i) The 2nd respondent shall issue a notice to the petitioner as well as respondents 5 to 8 and then draw up a proceedings indicating the total amount to be W.P ( C) No.2083 of 2008 3 recovered from the principal debtors and also the manner in which the recovery is to be effected. ii) The petitioner is at liberty to supply the details of the properties, if any, available with the principal debtors to the 2nd respondent. The 2nd respondent shall advert to the details given by the petitioner in that regard. If there is any difficulty for the creditor to proceed against the properties of the principal debtors or the principal debtors in person, the reasons therefore must be indicated in the proceedings to be drawn up by the 2nd respondent, after hearing all the persons . iii) Such proceedings shall be drawn up in the manner indicated above, within three months from the date of receipt of a copy of this judgment. Attachment of the petitioner's salary shall be confined to an amount of Rs.1500/- per month till proceedings are drawn up by the 2nd respondent in the manner aforementioned and thereafter, attachment shall be subject to the decision to be taken by the 2nd respondent. W.P ( C) No.2083 of 2008 4 Petitioner shall produce a copy of this judgment along with a copy of writ petition before the 2nd respondent immediately, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No.2083 of 2008 5 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007