IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 6486 of 2006(V) ------------------------- PETITIONER: -------------- SUNIL. M.P., S/O. PUSHAPASARAN, PEEDIAKKAL PARAMBIL HOUSE, EDAKOCHI, KOCHI-6, (NOW WORKING AS POLICE CONSTABLE, CONTROL ROOM, KOCHI CITY). BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU SRI.VIMAL KUMAR.A.V. SRI.A.G.GIRISH KUMAR RESPONDENTS: ----------------- 1. KERALA STATE FINANCIAL ENTERPRISES LIMITED, ERNAKULAM SOUTH BRANCH, ERNAKULAM, REPRESENTED BY ITS BRANCH MANAGER. 2. SPECIAL DEPUTY TAHSILDAR (REVENUE RECOVERY), KERALA STATE FINANCIAL ENTERPRISES LIMITED, KACHERIPADY, ERNAKULAM, COCHIN-682 018. 3. THE COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. 4. REMANI THANKAPPAN, W/O. THANKAPPAN, NIKATHIL VEETTIL, KONAM ROAD, KACHERIPADY, PALLURUTHY, KOCHI. BY ADV. SMT.V.N.SHASHIKALA FOR R1 SRI.JOSE JOSEPH ARAYAKUNNEL FOR R.4 SRI.RAJU JOSEPH, SC FOR KSFE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. =============== W.P.(C) NO. 6486 OF 2006 V ==================== Dated this the 21st day of July, 2008 J U D G M E N T The challenge in this writ petition is against the recovery proceedings initiated at the instance of the 1st respondent. Petitioner admittedly is a guarantor to the chitty, which was subscribed by the 4th respondent. The 4th respondent admittedly committed default. If that be so, the petitioner is equally liable to make good the amount that is due. Once default is committed, it is essentially for the 1st respondent to decide as to from whom or who all recovery is to be effected. In the process, if the 1st respondent has chosen to proceed to effect recovery from the petitioner, it cannot be contended that the 1st respondent has committed any illegality in the matter. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp