IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 21005 of 2009(O) -------------------------- AGAINST THE ORDER DATED IN EP.643/2008 IN OS.1050/2005 of PRL.M.C.,IRINJALAKUDA .................... PETITIONER(S): JUDGMENT DEBTOR ------------------------------ JOSE S/O.VATTAPARAMBIL AUGUSTINE, PAZHUVIL DESOM, KURUMBILAVU VILLAGE, PRESENTLY WORKING AS CLERK AT ST.ANTONYS HIGH SCHOOL, PAZHUVIL, THRISSUR. BY ADV. SRI.T.N.MANOJ RESPONDENT(S): DECREE HOLDER ---------------------------- AANADAPURAM KURIES (KERALA) PVT LIMITED, AANADAPURAM VILLAGE AND DESOM, REPRESENTED BY ITS MANAGING DIRECTOR CHAKKUNNI W/O.THANDIEKKAL ANTONY ALATHUR DESOM, NELLAI VILLAGE, MUKUNDAPURAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.21005 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 27th July, 2009 JUDGMENT The Writ Petition is filed seeking the following reliefs: 1. Issue appropriate writ order or direction to quash Ext.P3. 2. Issue appropriate writ order or direction to direct the Munsiff Court executing the decree in O.S.No.1050/05 to reconsider the order of attachment of salary in the light of Ext.P4 salary certificate and the provisions of exceptions of salary as contemplated under Section 69 (1) of the Code of Civil Procedure. 3. To stay all further proceedings of execution of decree by mode of attachment of salary of the petitioner. 4. Issue such other writ order or direction that this honourable court deem fit to grant in the course of the proceedings. 2. Petitioner is the 2nd judgment debtor in E.P.No.643/08 in O.S.No.1050/05 on the file of the Principal Munsiff Court, Irinjalakuda. The decree executed is one for money. In the execution the salary of the second petitioner/2nd judgment debtor has been ordered to be attached at the rate of Rs.2600/- per month for a period of 24 months. Ext.P3 is the order passed by the learned Munsiff. There are two more attachments, already passed over his W.P.C.No.21005/09 - 2 - salary, and as such the amount sought to be attached under Ext.P3 is not available towards the attachable portion of the salary, and he has not been given an opportunity to canvass that question covered by Section 60 of the C.P.C. is the grievance of the petitioner for filing the Writ Petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented with reference to Ext.P3 order, I find no notice to the respondent is necessary and it is dispensed with. In the given facts of the case, if the petitioner has any grievance against Ext.P3 order passed by the learned Munsiff, it is open to him to file a review petition against Ext.P3 order and if such a review petition is filed by the petitioner within two weeks from the date of receipt of a copy of this judgment, with notice to the decree holder, the court below shall consider that petition and pass appropriate orders in accordance with law. The Writ Petition is disposed as above. srd S.S. SATHEESACHANDRAN, JUDGE W.P.C.No.21005/09 - 3 -