IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 14TH AUGUST 2008 / 23RD SRAVANA 1930 WP(C).No. 10746 of 2006(D) -------------------------- PETITIONER: ------------ N.K.SIVADAS, 50 YEARS, S/O.KANDANKORAN, BOAT SYRANG, STATE WATER TRANSPORT DEPARTMENT, THRIKKARIPOOR, REGIONAL OFFICE, PAYYANNUR. BY ADV. SRI.V.K.ISSAC SRI.K.K.APPU SRI.ISAC SANJAY RESPONDENTS: ------------- 1. THE DIRECTOR, STATE WATER TRANSPORT DEPARTMENT, ALLEPPEY-I. 2. THE SENIOR SUPERINTENDENT, STATE WATER TRANSPORT DEPARTMENT, REGIONAL OFFICE, PAYYANNUR. 3. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E.LTD., KACHERIPADY, COCHIN-18. 4. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LTD., R R UNIT, KUMARANASAN SMARAKA MANDIRAM, COURT ROAD, ALAPPUZHA-1. ADDL. RESPONDENTS: 5. SOJI ANTONY, POOTHARA CHIRAYIL, AMECHAKARY P.O., ALLEPPEY. 6. RENNY P. KADAVUNKAL, KADAVUNKAL HOUSE, CHAMPAKULAM P.O., ALLEPPEY DIST. 7. THE MANAGING DIRECTOR, KERALA STATE FINANCIAL ENTERPRISES LTD., THRISSUR. (ADDL. R5 AND R6 ARE IMPLEADED AS PER ORDER IN I.A. 11446/2006 DT.16.8.2006.) (ADDL. R7 IS IMPLEADED AS PER ORDER DT.17.10.2006 IN I.A. 5572/2006.) BY ADV. SRI.A.K.JOHN, ADDL.SC., KSFE LTD. FOR R3 & R4 SRI.S.SANAL KUMAR FOR ADDL.R7 SMT.BHAVANA VELAYUDHAN FOR ADDL.R7 SRI.T.NAVEEN, SC, K.S.F.E. LTD. FOR R3,R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF SALARY CERTIFICATE OF THE PETITIONER DT.20.3.06. P2: TRUE COPY OF 3RD RESPONDENT'S LETTER DT.9.4.02 FORWARDING PROHIBITORY ORDER. P2(a): RUE COPY OF PROHIBITORY ORDER FORWARDED UNDER COVER OF EXT.P2. P3: TRUE COPY OF LETTER OF R4 DT.22.11.2002 FORWARDING PROHIBITORY ORDER. P3(a): TRUE COPY OF PROHIBITORY ORDER FORWARDED UNDER EXT.P3. P4: TRUE COPY OF LETTER OF R4 DT.22.7.03 FORWARDING PROHIBITORY ORDER. P4(a): TRUE COPY OF PROHIBITORY ORDER FORWARDED UNDER EXT.P4. P5: TRUE COPY OF LETTER OF R3 DT.7.11.03 FORWARDING PROHIBITORY ORDERS. P5(a): TRUE COPY OF PROHIBITORY ORDER FORWARDED UNDER EXT.P5. P6: TRUE COPY OF RECOVERY STATEMENT PURSUANT TO EXT.P2(a) ISSUED BY R2 DT.3.3.2006. P7: .DO. P3(a) .DO. P8: .DO. P4(a) .DO. P9: .DO. P5(a) .DO. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.10746 of 2006 .................................................................... Dated this the 14th day of August, 2008. JUDGMENT The W.P. was filed more than two years back challenging recovery proceedings for recovery of arrears of loan due to 7th respondent. The petitioner's case is that recovery should be made against the borrowers. However, counsel for the 6th respondent who is a principal debtor, submitted that though 6th respondent borrowed funds, loan was for the petitioner who stood as surety. I do not think there is any scope for this court to ascertain the real nature of transaction because recovery obviously is permissible from the petitioner as he is surety for the loan. If loan remains outstanding, recovery can be continued against the petitioner. W.P. is disposed of as above. C.N.RAMACHANDRAN NAIR Judge pms