IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 14166 of 2008(J) -------------------------- PETITIONER(S): --------------- M.VIKRAMAN NAIR ARAM, AMBALA NAGAR, VATTAPPARA, TRIVANDRUM-33. BY ADV. SRI.S.KRISHNAKUMAR SMT.K.V.JAYANTHI RESPONDENT(S): --------------- 1. S.SURESH, S.I.OF POLICE, KAP 1ST BATTALION, THRISSUR. 2. KERALA STATE CO.OPERATIVE BANK LTD, MEDICAL COLLEGE BRANCH, K.S.C.B.BUILDING, MEDICAL COLLEGE JN., TRIVANDRUM-11. 3. THE ADMINISTRATIVE INSPECTOR, SBCID HEAD QUARTERS, TRIVANDRUM. R2 BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK R1 & R3 BY GOVERNMENT PLEADER MR.I.V.PROMOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX (WPC 14166/08) PETITIONER'S EXTS.: EXT.P1: TRUE COPY OF THE INTIMATION REGARDING THE RECOVERY OF SALARY. EXT.P2: TRUE COPY OF THE INSTALMENT OF LOAN A/C OF SBT, NALANCHIRA BRANCH, TRIVANDRUM. EXT.P3: TRUE COPY OF THE STATEMENT OF LOAN A/C OF SBT, NALANCHIRA BRANCH, TRIVANDRUM. Thottathil B.Radhakrishnan, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14166 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 22nd January, 2009 JUDGMENT The detailed report of the Deputy Commandant, KAP First Battalion, Thrissur is perused and taken on record. Having perused the tabular statement in paragraph 3, it is ordered that the recovery in column No.5 thereof shall continue at that rate since, that is a recovery as per Section 37 of the K.C.S.Act and not one controlled by Section 60 of the C.P.C. or Rule 77 of the K.C.S.Rules. 2. As of now, the petitioner faces recovery at the rate of Rs.2500/- per month. The total amount recovered from the petitioner as a surety for the loan availed by the 1st respondent appears to be to the tune of Rs.1.5 lakhs. Taking that into account, the amount fixed for recovery does not appear to be disproportionately high. But the petitioner points out that all that he gets to take home is around Rs.3000/-. Hence it is ordered that the recovery against the petitioner on the basis of Ext.P1 will be at Rs.1500/- per month as a special case particularly because as per this judgment recovery against the 1st respondent is fixed to continue at the rate at which it W.P.C.No.14166/08 - 2 - is being done as stated in the report of the Commandant. The Writ Petition ordered accordingly. srd Thottathil B.Radhakrishnan, Judge