IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 7300 of 2005(R) ------------------------- PETITIONER: ------------ 1. DIVAKARAN CHANNAR, KADHALAYAM, PERINGOLA VILLAGE, OLAKKETTIAMBALAM, MAVELIKKARA. 2. BEENA J., RADHALAYAM, PERINGOLA VILLAGE, OLAKETTIAMBALAM, MAVELIKKARA. BY ADV. SRI.T.M.ABDUL LATHEEF SMT.P.VIJAYALAKSHMI. RESPONDENTS: ------------- 1. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, ALAPPUZHA. 2. INDIAN OVERSEAS BANK, REPRESENTED BY BRANCH MANAGER, OLAKETTUAMBALAM-690 510, ALLEPPEY DISTRICT. 3. DEPUTY TAHSILDAR (RR), MAVELIKKARA. 4. VILLAGE OFFICER, OLAKETTIAMBALAM. BY ADV. SRI.P.B.SURESH KUMAR, SC,I.O.BANK FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF PASS BOOK. P2: TRUE COPY OF WILL NO.23/04/III DT.6.7.2004. P3: TRUE COPY OF PETITION DT.21.2.2005 SUBMITTED BY PETITIONERS BEFORE THE HON'BLE PRIME MINISTER OF INDIA, NEW DELHI. P4: TRUE COPY OF LETTER DT.14.9.99 OF R2. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.7300 of 2005 .................................................................... Dated this the 14th day of August, 2008. JUDGMENT The petitioners are challenging recovery proceedings initiated against son of the first petitioner who availed loan from second respondent-Bank. This court vide interim order dated 31.3.2005 directed recovery against borrower and his assets. It is not known whether recovery is already effected. Counsel appearing for the second respondent submitted that first petitioner is the guarantor for the loan. Normally, PMRY loan is not covered by guarantee or security. However, if there is any security executed by any of the petitioners, recovery can be made against them also. It is upto the borrower or guarantors to approach the Bank and arrange for settlement, failing which recovery can be continued. The W.P. is closed as above. C.N.RAMACHANDRAN NAIR Judge pms