IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 1048 of 2008(Y) ------------------------------------- PETITIONER: -------------------- V.R.SATHEESH CHANDRAN, AGED 53 YEARS, S/O.LATE RAGHAVAN, VELIYIL HOUSE, AVALOOKUNNU P.O. ALAPPUZHA DISTRICT 688 006. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ANOOP.V.NAIR SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENTS: ------------------------ 1. SPECIAL DEPUTY TAHSILDAR (RR) KERALA STATE FINANCIAL ENTERPRISES LIMITED, ALAPPUZHA. 2. KERALA STATE FINANCIAL ENTERPRISES LIMITED, EVENING BRANCH, AVALOOKKUNNU P.O., ALAPPUZHA DISTRICT 688 011, REP. BY ITS BRANCH MANAGER. 3. THE DISTRICT COLLECTOR, ALLEPPEY. 4. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT OF KERALA, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 5. CHITRALEKHA.K.S, W/O.K.UTHAMAN, KALITHATTUNKAL HOUSE, AVALOOKKUNNU P.O., ALAPPUZHA DISTRICT. 6. K.UTHAMAN, S/O.LATE KARUNAKARAN, KALITHATTUNKAL HOUSE, AVALOOKKUNNU P.O., ALAPPUZHA DISTRICT. BY SRI. ASOK M. CHERIYAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 1048 of 2008 -------------------------- Dated this the 9th January, 2008 J U D G M E N T The petitioner stood as a surety to the 5th respondent who had prized a chit conducted by the 2nd respondent. The 6th respondent is the husband of the 5th respondent. He is also a surety to the 5th respondent. Apparently, the property belonging to the 6th respondent was mortgaged as security for the repayment of the amount received by the 5th respondent. Exhibit P1 revenue recovery notice has been issued showing the petitioner as a defaulter. Petitioner is aggrieved by the same. According to the petitioner, proceedings should be taken against the principal debtor and the husband of the 5th respondent. If necessary, the petitioner is willing to pay the balance amount , if recovery from the principal debtor and her husband is found to be inadequate. 2. I heard the learned standing counsel for the K.S.F.E also. The petitioner's liability as surety is coterminous with that of the principal debtor. Petitioner cannot claim either a priority in recovery or exoneration from the liability. Nevertheless, if W.P ( C) No. 1048 of 2008 2 there are properties available with the principal debtor or her husband then the 1st respondent may consider whether recovery can be effected from the principal debtor as such before proceeding against the petitioner . In the result, this writ petition is disposed of in the following terms: i) The 2nd respondent shall issue a notice to the petitioner, 5th respondent and the 6th respondent, asking them to appear before the 2nd respondent and thereupon, the 2nd respondent shall draw up a proceedings indicating the amount of recovery and schedule for repayment. The 2nd respondent shall advert to the question as to whether there are properties available with the principal debtor or the 6th respondent, the husband of the 5th respondent and whether recovery could be effected by proceeding against such properties. The 2nd respondent shall also consider whether the 5th respondent and 6th respondent are in possession of any other properties adequate enough to absorb the liability incurred by the 5th respondent with the 1st respondent . If there is any inability or W.P ( C) No. 1048 of 2008 3 difficulty in proceeding against the principal debtor and 6th respondent that shall be indicated in the proceedings to be drawn up by the 2nd respondent. Till proceedings are drawn up in the manner mentioned above, enforcement of Exhibit P1 as against the petitioner shall be kept in abeyance. This shall be done within two months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 1048 of 2008 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007