IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 13TH JANUARY 2011 / 23RD POUSHA 1932 WP(C).No. 28318 of 2010(L) --------------------------------------- PETITIONER(S): ----------------------- M.M.SULAIMAN, S/O.LATE SAYED MAKKAR, SCIENTIFIC ENGINEER, PMO, CUSP LIQUID PROPULSION SYSTEM CENTRE, THIRUVANANTHAPURAM. BY ADVS. SRI.C.R.SIVAKUMAR SMT.NIKHILA SOMAN SMT.C.B.BHAGYALAKHMI SRI.KRISHNAN.S.RAJ SMT.A.R.SINDHU SRI.M.JAFARKHAN RESPONDENT(S): -------------------------- 1. THE DIRECTOR, LIQUID PROPULSION SYSTEM CENTRE, DEPARTMENT OF SPACE, GOVERNMENT OF INDIA, THIRUVANANTHAPURAM - 695 022. 2. THE CONTROLLER, LIQUID PROPULSION SYSTEM CENTRE, DEPARTMENT OF SPACE, GOVERNMENT OF INDIA, THIRUVANANTHAPURAM - 695 022. 3. THE SECRETARY, DOS EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD.NO. T 766, VRC, VSSC, ISRO (PO) THIRUVANANTHAPURAM - 695 022. 4. K.S.NARAYANAN, RETIRED ACCOUNTS ASSISTANT LPSC MANUSADAN, ANAD P.O., NEDUMANGAD, THIRUVANANTHAPURAM - 695 541. R1 & R2 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI R3 BY ADV. SRI.G.S.REGHUNATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.28318/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE BOND EXECUTED BY THE PRINCIPAL DEBTOR ALONG WITH SURETIES DATED 11/05/2007. P2 COPY OF THE JUDGMENT DATED 11/12/2008. P3 COPY OF THE INTIMATION LETTER DATED 11/01/2009. P4 COPY OF THE AVAILABLE PAY DETAILS ISSUED BY THE OFFICE OF THE 1ST RESPONDENT. P5 COPY OF THE ADVOCATE NOTICE SENT OF 06/07/2010. P6 COPY OF THE REPLAY NOTICE DATED 26/7/2010. P7 COPY OF THE INTIMATION LETTER DATED 12/10/2009. RESPONDENT'S EXHIBITS: R1 COPY OF THE ORDER DATED 09/01/2009 PRONOUNCED BY THE HON'BLE ARBITRATION COURT OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. R2 COPY OF THE LETTER DATED 12/01/2009 RECEIVED FROM SECRETARY, DOS EMPLOYEES CO-OPERATIVE HOUSING SOCIETY, THIRUVANANTHAPURAM REGARDING RECOVERY OF DUES FROM THE RETIREMENT BENEFITS OF THE 4TH RESPONDENT. R3 COPY OF THE LETTER DATED 21/05/2009 ADDRESSED TO THE PETITIONER BY ADMIN.OFFICER CONVEYING THE LEGAL OPINION TENDERED BY THE SCGSC. R4 COPY OF THE INTERIM ORDER DATED 07/10/2009 PRONOUNCED BY THE HON'BLE HIGH COURT OF KERALA. /TRUE COPY/ P.A.TO.JUDGE sts S.SIRIJAGAN, J. ------------------------------------------ W.P.(C) 28318 of 2010 ------------------------------------------ Dated this the 13th day of January, 2011 JUDGMENT The petitioner, who is an employee of the Department of Space, Government of India was a guarantor for repayment of loan amount due from the 4th respondent to the 3rd respondent. The 4th respondent who was also a Central Government employee has already retired from service and all his retirement benefits have either been adjusted against loans due from him or paid to him. Now the respondents 1 and 2 at the request of the 3rd respondent has taken steps to recover the loan amounts due from the 4th respondent to the 3rd respondent from the salary of the petitioner. It is under the above circumstance, the petitioner has filed this writ petition seeking the following reliefs: I. To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st to 3rd respondents not to conduct further recovery from the salary of the petitioner towards a loan liability of the 4th respondent, in the light of Exhibit -P2 judgment. W.P.(C) 28318 of 2010 2 II. To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st and 3rd respondents to take necessary steps to avoid recovery proceedings against the petitioner who being one of the guarantor of the transaction availed by the 4th respondent. III. To issue a writ of mandamus or any other appropriate writ order or direction, directing the 1st respondent to take appropriate steps to refund the amount already recovered from the petitioner, towards the loan arrears of the 4th respondent. On 14.12.2010 the Assistant Solicitor General submitted before me that as per the instructions received, the 4th respondent has already paid of the entire loan amounts due from him to the 3rd respondent. In view of the above I directed the counsel for the 3rd respondent to ascertain whether the same is correct. Today, the counsel for the 3rd respondent submits before me that the same is correct and no amounts are now due from the 4th respondent to the 3rd respondent. But he points out that the petitioner has taken a loan W.P.(C) 28318 of 2010 3 from the 3rd respondent, repayment of which is till pending. In the above circumstances, the writ petition is disposed of directing respondents 1 and 2 not to recover any amounts from the petitioner's salary in respect of any amounts due from the 4th respondent to the 3rd respondent. However, they would be free to recover any amounts recoverable from the petitioner or his sureties in respect of any amounts repayable by the petitioner to the 3rd respondent. S.SIRIJAGAN, JUDGE. rkc