IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 27136 of 2011(N) ------------------------ PETITIONER : --------------------- M.N. THANKACHAN, S/O.NARAYANAN, MOONNUTHOTTIYIL HOUSE, VELLAPAD, PALAI POST OFFICE, KOTTAYAM DISTRICT, PIN-686575 (SUPERINTENDENT, KERALA STATE ROAD TRANSPORT CORPORATION, PERINTHALMANNA) BY ADV. SRI.C.V.MILTON RESPONDENT(S): ------------------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM-23. 2. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, PERINTHALMANNA-679322. 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, KUMALI-685509. 4. THE SECRETARY, K.S.R.T.C. EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.C.808, KANNUR-670002. 5. M.B.BALAKRISHNAN NAIR, KUNNAPILLI HOUSE, PALAI POST OFFICE, KOTTAYAM-686575. (INSPECTOR, KERALA STAT ROAD TRANSPORT CORPORATION KUMILY) R1 TO R4 BY ADV. SRI. BABU JOSEPH KURUVATHAZA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 27136 of 2011(N) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DUTY PASS NO. 28968 ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF THE CERTIFICATE OF RECOVERY MADE BY THE 3RD RESPONDENT AND OBTAINED THROUGH RTI ACT. EXT.P3 TRUE COPY OF THE CERTIFICATE OF RECOVERY RECEIVED FROM THE BEVERAGES CORPORATION. EXT.P4 TRUE COPY OF THE DEMAND NOTICE DATED 7.7.2011 ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 27136 OF 2011 -------------------------- Dated this the 14th day of October, 2011 J U D G M E N T The petitioner, an employee of the Kerala State Road Transport Corporation, is a surety to a loan availed by the fifth respondent, yet another employee of the Corporation, from the K.S.R.T.C Employees Co-operative Society Ltd. No.C 808, Kannur. This writ petition is filed challenging Ext.P4 letter dated 7.7.2011 sent by the fourth respondent to the Assistant Transport Officer, KSRTC, Perinthalmanna wherein the petitioner is employed, requesting him to attach the sum of Rs.4,000/- every month from the salary of the petitioner for effecting repayment of the loan availed by the fifth respondent. The main contention raised by the petitioner is that as the fifth respondent is in service and is drawing salary, there is no reason why he should not be proceeded against. 2. The petitioner is admittedly a surety to the loan availed by the fifth respondent. Under section 128 of the Indian Contract Act, the liability of the surety is co-extensive with that of the principal debtor, unless it is otherwise provided in the WPC No.27136/2011 2 contract. The petitioner has no case that his liability is not co- extensive to that of the principal debtor. That apart, the petitioner has also entered into an agreement in terms of section 37 of the Kerala Co-operative Societies Act authorising the creditor society to proceed against him by attaching his salary. Such being the situation, the petitioner cannot be heard to contend that the creditor society should proceed against the principal debtor first before proceeding against the surety. I therefore find no grounds to entertain the writ petition. The writ petition fails and is accordingly dismissed. P.N.RAVINDRAN, (JUDGE) vps