IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 WP(C).No. 19729 of 2009(I) -------------------------- PETITIONER(S): --------------- 1. V.M.SHAMSUDEEN, S/O. MUHAMMED, CHARGEMAN, KERALA STATE ROAD TRANSPORT CORPN., MALAPPURAM. 2. K.MUHAMMED ABDUL MAJEED, S/O. ABDULLA, MECHANIC, KERALA STATE ROAD TRANSPORT CORPN., MALAPPURAM. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENT(S): --------------- 1. THE KERALA STATE ROAD TRANSPORT CORPN., REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. THE DISTRICT TRANSPORT OFFICER, K.S.R.T.C., MALAPPURAM. 3. MALAPPURAM DISTRICT K.S.R.T.C. EMPLOYEES' CO-OPERATIVE SOCIETY LTD.NO.M-271, EDAPPAL, KALADY P.O., MALAPPURAM. 4. K.ABOOBACKER,(RETD.DRIVER, K.S.R.T.C.), RESIDING AT KOTTOOR HOUSE, SIVA NIVAS, THANUR, MALAPPURAM DISTRICT. MR.JOHNSON P.JOHN, SC FOR KSRTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19729 of 2009 --------------------------------- Dated, this the 14th day of July, 2009 J U D G M E N T The petitioners are sureties of a loan availed of by the 4th respondent from the 3rd respondent. Default was committed, and the petitioners are facing recovery proceedings. According to them, the 4th respondent having retired from the KSRTC, terminal benefits are due, and that the 3rd respondent should realise its dues from out of the terminal benefits payable to the 4th respondent and not recover the amount from sureties. 2. No statutory provision or contract, requiring the 3rd respondent to realise its dues from out of the terminal benefit of the 4th respondent, is shown to substantiate the contention. The petitioners, admittedly, being the sureties cannot complain, if recovery proceedings are initiated against them. Therefore, this Court will not be justified in granting the relief as sought for by the petitioners. 3. Be that as it may, the petitioners submit that by Exts.P1 & P2, they have already approached the 2nd respondent in this WP(C) No.19729/2009 -2- behalf. Therefore, I leave it open to the 2nd respondent to consider these representations. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg